2012 (9) TMI 128

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..... er section 271, by the impugned order restored the same to the file of the Assessing Officer with a direction to decide the issue of levy of penalty after the decision of this Court in the said appeal, thus no prejudice has been caused to the appellant even qua the penalty proceedings - apprehension that any order in the penalty proceedings may be barred by limitation under section 275(1A), is not .....

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..... er receipt of the decision of the Hon'ble High Court on the quantum appeal filed by the assessee ? (b) Whether on the facts and circumstances of the case and in law, the ITAT has the power to issue such directions to the Assessing Officer in view of the fact that any order as per the provisions of the section 275(1A) can be passed only if the relevant assessment gets revised by giving effect t .....

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..... bunal on the relevant assessment order is received by the Chief Commissioner or the Commission ? 3. The issues do not give rise to a substantial question of law. The respondent's appeal against the order of the Tribunal in the quantum proceedings has been admitted by this Court. In view thereof, the Tribunal, instead of deciding this issue as to penalty under section 271, by the impugned order .....

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