SHRIMATI SIMRAN PARKASH KAUR,BATALA vs. INCOME TAX OFFICER WARD-2, BATALA

The instant appeal was filed by the assessee against the order of Ld. Commissioner of Income Tax (Appeals)-1, Amritsar, [in brevity the CIT(A)] bearing appeal no. 10145/2017-18 date of order 31.10.2019, order passed u/s. 250(6) of the Income Tax Act, 1961 (in brevity the Act) for the Assessment year 2009-10. The impugned order was generated from the order of the ld. Income Tax Officer, Ward-2, Batala (in brevity the A.O) order passed u/s.271(1)(c) of the Act, date of order 27.04.2017.

Brief facts of the case is that the penalty was levied amount of Rs.2,35,664/- in relation to the quantum assessment order passed by the ld. AO u/s 144, date of order 14.10.2016. The ld. AO determined the concealed income and levied penalty 100% of tax amount to Rs.2,35,664/-. Aggrieved assessee filed an appeal before the ld. CIT(A). The ld. CIT(A) upheld the order of the ld. AO.

Being aggrieved assessee filed an appeal before us.

The ld. Counsel,first argued the quantum appeal before us bearing for the A.Y. 2009-10.

The ld. Counsel further argued that the penalty should be determined after the final outcome of the quantum appeal.

The ld. DR had not made any strong objection against the argument of the ld. AR, only he relied on the order of the revenue authorities.

We heard the rival submission and considered the documents available in the record. The quantum appeal is determined bearing ITA 40/Asr/2020 and issues are set aside to the lower authorities. So, the quantum appeal is yet to be redetermined by the revenue authorities a fresh u/s 271(1)(c) of the Act. We are setting aside the issue to the ld. AO for considering the issue afresh after considering the quantum appeal.

In the result, the appeal of the assessee is allowed for statistical purposes.