M/S OSHO HOME APPLIANCES,BADDI vs. CIT(A), SHIMLA

PER DIVA SINGH

The present appeal filed by the assessee assailing the correctness of the orders 20.02.2018 of CIT(A) Shimla pertaining to 2004-05 assessment year wherein the correctness of the penalty imposed by the AO u/s 271(1)(c) of the Act has been upheld by the CIT(A) in the present proceedings is assailed on multiple grounds. 2. However, at the time of hearing, ld. AR invited attention to the quantum order passed by the ITAT in the case of the assessee for the year under consideration dated 11.05.2018 wherein the additions made by the AO in the quantum proceedings were set aside to the file of the CIT(A) in ITA 190/CHD/2018. Copy of the said order was filed. In view of these facts, his submission that since the penalty proceedings are dependant upon the additions sustained in the quantum, said issue may also be restored back to the file of the CIT(A). The said prayer of the assessee was not opposed in the peculiar facts by the ld. Sr.DR. 3. In the light of the submissions of the parties before the Bench, in the facts as have been set out herein above, we find that it is appropriate in the circumstances to restore the issue back to the file of the CIT(A) to decide the penalty appeal after the decision in the quantum proceedings is made available to the assessee. In case any adverse view has been taken

ITA 528/CHD/2018 A.Y. 2004-05 Page 2 of 2

in the quantum proceedings, the penalty proceedings be decided after giving the assessee a reasonable time to address the issues which may devolve for consideration in the penalty proceedings. Said order was pronounced in the Open Court at the time of hearing itself.

Order pronounced in the Open Court on 04.09. 2018.

Sd/- Sd/-

( Dr.B.R.R.KUMAR) ( DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER ‘Poonam’ Copy to: 1. The Appellant 2. The Respondent 3. The CIT 4. The CIT(A) 5. The DR Asstt. Registrar ITAT,Chandigarh.