MS DIAMOND ENTERPRISES,PARBHANI vs. AO NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

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ITA 235/PUN/2024Status: DisposedITAT Pune14 May 2024AY 2017-18Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI INTURI RAMA RAO (Accountant Member)2 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the penalty appeal should also follow suit and be restored back to the NFAC for fresh adjudication. This decision was made in light of the related quantum appeal being sent back for reconsideration.

What were the facts?

The assessee filed an appeal against the penalty imposed under Section 270A of the Income Tax Act. A related quantum appeal for the same assessment year was already restored back to the NFAC for fresh adjudication.

What were the issues?

Whether the penalty appeal should be restored to the NFAC for fresh adjudication, mirroring the decision in the related quantum appeal.

Which sections of the Income-tax Act were involved?

Section 270A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE “A” BENCH : PUNE

Before: SHRI SATBEER SINGH GODARA & SHRI INTURI RAMA RAO

Hearing: 10.05.2024Pronounced: 14.05.2024

Date of Hearing : 10.05.2024 Date of Pronouncement : 14.05.2024 ORDER

This assessee’s appeal for assessment year 2017-18, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No. ITBA/NFAC/S/250/ 2023-24/1058353752(1), dated 30.11.2023, in proceedings u/s.270A of the Income Tax Act, 1961 (in short “the Act”).

Heard both the parties at length. Case file perused.

2.

It emerges that this is assessee’s penalty appeal involving sec.270A proceedings and it’s corresponding quantum appeal ITA.No.670/PUN./2024, listed before ‘SMC’ Bench before the undersigned Judicial Member; has already been restored back to learned NFAC for it’s afresh appropriate

2 ITA.No.235/PUN./2024 adjudication as per law. That being the case, this tribunal is of the considered view that the assessee’s instant penalty appeal also deserves to follow suit it in very terms. Ordered accordingly.

3.

This assessee’s appeal is allowed for statistical purposes in above terms.

Order pronounced in the open Court on 14.05.2024.

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