MS DIAMOND ENTERPRISES,PARBHANI vs. AO NATIONAL FACELESS ASSESSMENT CENTRE, DELHI
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?
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
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.
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.
This assessee’s appeal is allowed for statistical purposes in above terms.
Order pronounced in the open Court on 14.05.2024.
More judgments on Section 270A
- Kamleshkumar Somalal Bhatt, Himatnagar vs Income Tax Ofifcer, Ward 1, HimatnagarITA 2130/AHD/2026[2019-20]Status: Disposed21 Oct 2026AY 2019-20
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2125/AHD/2026[2019-2020]Status: Disposed21 Oct 2026AY 2019-2020
- Kkg Associates, Visakhapatnam vs Income Tax Officer, Ward - 2(1)…ITA 345/VIZ/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Shamsunder Pritesh Malode, Hyderabad vs ACIT, Circle-12(1), HyderabadITA 399/HYD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Rama Naidu Gutha, Anantapur vs ITO, Ward -1, AnantapurITA 1895/HYD/2026[2023-24]Status: Disposed16 Oct 2026AY 2023-24
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