9911796707
TMI Blog2014 (1) TMI 810X X X X Extracts X X X X X X X X Extracts X X X X ..... he issue has been restored for fresh adjudication. - TAX APPEAL NO. 1227 of 2009 - - - Dated:- 21-12-2013 - M.R. SHAH AND MR. R.D.KOTHARI, JJ. FOR THE APPELLANT : MRS MAUNA M BHATT, ADVOCATE FOR THE RESPONDENT : MR SN DIVATIA, ADVOCATE for ORDER Per: M R Shah: 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.12.2008 passed by the learned Income Tax Appellate Tribunal (hereinafter referred to as 'the ITAT') in ITA No.156/Ahd/2005 for block period ending on 31.03.1999, the Revenue has preferred present Tax Appeal to consider the following substantial question of law: Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in cancelling th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,000/- came to be levied on the assessee. 3. Feeling aggrieved and dissatisfied with the order of penalty imposed u/s. 158BFA(2) of the Act, the assessee preferred an appeal before the learned CIT(A) and the learned CIT(A) dismissed the said appeal confirming the order of penalty imposed u/s. 158BFA(2) of the Act upon the assessee. 4. Feeling aggrieved and dissatisfied with the order passed by the learned CIT(A), the assessee preferred appeal before the learned ITAT and by the impugned judgment and order and relying upon the decision of the Coordinate Bench i.e. ITAT Ahmedabad Bench (SMC) in the case of M/s. M.M. Finance, Anand v. ACIT (IN IT(ss)A NO.258/Ahd/2005) dated 19.05.2006), the learned ITAT has allowed the said appeal and direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned ITAT to consider the question/issue/appeal, more particularly, the question with respect to the quantum of penalty, afresh and after considering the decision of the Division Bench of this Court in the case of Becharbhai P. Parmar (supra). The learned advocates appearing for the respective parties do not invite any further reasoned order as the matter is required to be remanded to the learned ITAT and any observation by this Court may affect the case of either parties in the appeal to be remanded. In view of the above and in view of the reasons stated hereinabove and even considering the decision of the Division Bench of this Court in the case of Becharbhai P. Parmar (supra), impugned judgment and order dated 05.12.2008 passed by the le ..... X X X X Extracts X X X X X X X X Extracts X X X X
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