SUDHIR AGRAWAL,ROORKEE vs. INCOME TAX OFFICER , ROORKEE, INCOME TAX OFFICER , ROORKEE

The present appeal is filed by the Assessee against the order of CIT(A)/National Faceless Appeal Centre (‘Ld. CIT(A)’/NFAC’ for short), Delhi dated 29/11/2024 for the Assessment Year 2017-18.

The Ld. Counsel for the Assessee submitted that in the quantum the issue has been remanded to the file of the A.O. for framing de-novo assessment, therefore, the present Appeal emerging out of the penalty proceedings deserves to be set aside.

Per contra, the Ld. Department's Representative has not disputed the contention of the Ld. Assessee's Representative.

Since, the issue has been remanded to the file of the A.O. for framing de-novo assessment in the quantum appeal by the Tribunalin , the penalty imposed by the A.O. which has been confirmed by the Ld. CIT(A) will not be sustained, accordingly, the impugned order of the Ld. CIT(A) in confirming the order of penalty is hereby set aside. Further, we make it clear that this order will not come in the way of the A.O. in initiating the fresh penalty proceedings pursuant to the assessment to be framed based on the order of the for the year under consideration.

In the result, the Appeal of the Assessee is partly allowed.