HOTEL RADHIKA ,KOLHAPUR vs. INCOME-TAX OFFICER, WARD 2(1), KOLHAPUR , KOLHAPUR

Briefly, the facts of the case are that the appellant is a Partnership firm. The Return of Income for the A.Y. 2018-19 was filed on 29.10.2018 declaring income of Rs.2,37,630/-. Against the said return of income, the assessment was completed by the Assessing Officer (AO) at a total income of Rs.11,11,618/-. While doing so, the AO made the disallowance of interest on remuneration paid to partners of Rs.7,95,058/- and also made addition of Rs.78,930/, being interest on income-tax refund. Thereafter, the AO levied penalty of Rs.4,91,346/- u/s.270A of the Act on account of misreporting of income.

Being aggrieved, an appeal was filed before the CIT(A)/NFAC who vide impugned order confirmed the levy of penalty.

Being aggrieved, the appellant is in appeal before the Tribunal in the present appeal.

We heard the rival submissions and carefully perused the relevant material on record. The quantum appeal – in respect of which the penalty was levied u/s.270A was restored to the file of CIT(A). Therefore, in the fitness of things, in our considered view, this penalty order shall also be remanded back to the file of the CIT(A) for denovo assessment of penalty in accordance with law.

In the result, the appeal filed by the assessee stands partly allowed for statistical purpose.