ADARSH GLOBAL TRADES AND SERVICES PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE-1(1), HYDERABAD
What did the Tribunal hold?
The Tribunal set aside the impugned penalty order and restored the penalty appeal to the file of the Ld. CIT(A). The Ld. CIT(A) is to decide the penalty appeal along with the pending quantum appeal.
What were the facts?
The assessee filed an appeal against the penalty order confirmed by the Ld. CIT(A). However, the quantum appeal for the same assessment year was still pending before the Ld. CIT(A).
What were the issues?
Whether the penalty appeal should be decided independently or along with the pending quantum appeal.
Which sections of the Income-tax Act were involved?
Not specified
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, HYDERABAD BENCHES “A”, HYDERABAD
Before: SHRI MANJUNATHA G. & SHRI K.NARASIMHA CHARY
(निर्धारण वर्ा / Assessment Year: 2018-19) Adarsh Global Trades and Services Deputy Commissioner of Private Limited Vs. Income Tax- 1 Hyderabad Hyderabad [PAN : AAKCA7278H] अपीलधर्थी / Appellant प्रत्यर्थी / Respondent निर्धाररती द्वधरध/Assessee by: Sri Prabhat Sharma, AR रधजस्व द्वधरध/Revenue by: Sri Srinath Sadanala, DR सुिवधई की तधरीख/Date of hearing: 19/08/2024 घोर्णध की तधरीख/Pronouncement on: 27/08/2024 आदेश / ORDER PER K. NARASIMHA CHARY, J.M: Aggrieved by the order dated 08/11/2023 passed by the learned Commissioner of Income Tax (Appeals) - National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”), in the case of Aadarsh Global Trades & Services Private Limited (“the assessee”) for the assessment year 2018-19, assessee preferred this appeal.
At the outset, the Ld.AR submitted that this is the appeal against the penalty confirmed by the Ld.CIT(A), but the quantum appeal is still pending before the Ld.CIT(A), therefore, in the fitness of things, this matter may also be restored to the file of the Ld.CIT(A) by setting aside the impugned order, because, it would be convenient for the Ld.CIT(A) to take a view in penalty also in consonance with the result in the quantum appeal.
Ld.DR reports no objection.
Recording the same, impugned order is set aside and the penalty appeal is restored to the file of the Ld.CIT(A) to decide along with the quantum appeal. Grounds are answered accordingly for statistical purpose.
In the result, appeal of the assessee is treated as allowed for statistical purposes. Order pronounced in the open court on this the 27th day of August, 2024.
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