SH. YOGENDER PRAKASH GUPTA,NEW DELHI vs. ITO, NEW DELHI

Date of Hearing : 30. 09.2015 Date of Pronouncement : 30.09.2015 ORDER This appeal by the assessee arises out of the order passed by the CIT(A) on 20.5.2014 upholding the penalty of Rs.1,52,935/- imposed by the AO u/s 271(1)(c) of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2004-05.

68 of the Act and a further addition of Rs.25,000/- u/s 69 of the Act.

The instant penalty has been imposed u/s 271(1)(c) with reference to these two additions. It has been brought to my notice that the Tribunal, vide its order dated 7.5.2015 in has restored the additions to the file of CIT(A) for fresh adjudication. In view of the fact that the basis of penalty, being the above referred two additions, have been restored to the file of ld. CIT(A), I am of the considered opinion that it would be in the fitness of things if the impugned order is also set aside and the matter is restored to the file of the first appellate authority for disposing it afresh as per law in accordance with the final view taken by him in quantum proceedings. I order accordingly.