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2014 (3) TMI 186

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..... he very basis of the Tribunal’s order on penalty disappears - when the Tribunal linked the issue of penalty with the order of CIT [A] dated 13th July 2011 and the order itself was later on setaside – then, of course with consequential directions, the Tribunal’s order dated 4th May 2012 requires reconsideration – thus, the present order is also set aside and the matter remitted back to the Tribunal .....

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..... fficer against the respondent for the A.Y 200304 under section 271[1](c) of the Incometax Act, 1961 { Act for short}. When the issue reached the Tribunal, the Tribunal disposed of the Revenue s appeal, making following observations : 6. Having heard both the sides, we have carefully gone through the orders of the authorities below. The rival contentions have been considered. It is pertinent t .....

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..... impugned order is fair and reasonable, we therefore, decline to interfere . Learned counsel Shri Pranav Desai appearing for the Revenue has submitted that the Tribunal has in the impugned judgment made a reference to the order of CIT [A] dated 13th July 2011 for upholding deletion of penalty. He, however, would contend that the said order dated 13th July 2011 was challenged before the Tribunal .....

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