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Facts
The assessee's twin appeals for assessment years 2015-16 and 2016-17, involving proceedings under section 271C of the Income-tax Act, 1961, were filed against orders of the CIT(A)-NFAC. The penalties were levied despite the corresponding quantum appeals yet to be decided.
Held
The Tribunal found it appropriate to restore the assessee's appeals back to the CIT(Appeals)/NFAC for a fresh decision. This is to be done along with the corresponding quantum appeals, as per law.
Key Issues
Levy of penalty under Section 271C before the decision of quantum appeals. Restoration of appeals to CIT(A)/NFAC for fresh adjudication.
Sections Cited
271C
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AGRA BENCH, AGRA
Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL
ORDER Per Satbeer Singh Godara, Judicial Member: This assessee’s twin appeals & 154/Agr/2022 for assessment years 2015-16 and 2016-17, arise against the Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre [in short, the “CIT(A)-NFAC”],Delhi’s DIN and orders no. ITBA/NFAC/S/250/2022- 23/1043685641(1) and ITBA/NFAC/S/250/2022-23/1043686677(1) both dated 30.06.2022, involving proceedings under section 271C of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). 2. Heard both the parties. Case files perused.
Learned counsel submits at the outset that both the lower authorities herein have levied section 271C penalty involving varying sums herein despite the fact that the corresponding quantum appeals are yet to be decided by the CIT(A)/NFAC as per relevant snapshots forming part of the case records. We, thus, deem it appropriate to restore the assessee’s instant identical twin appeals back to the CIT(Appeals)/NFAC to be decided afresh along with corresponding quantum appeals as per law.
The assessee’s twin appeals are allowed for statistical purposes. A copy of this common order be placed in the respective case files. Order pronounced in the open court on 11TH February, 2025.
Sd/- Sd/- (MANOJ KUMAR AGGARWAL) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 11THFebruary, 2025. *aks/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, Agra
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