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TMI Blog2014 (7) TMI 632X X X X Extracts X X X X X X X X Extracts X X X X ..... f the CIT(A) for all the years under appeal should also to be restored – thus, the order of the CIT(A) is set aside and restored for fresh adjudication in accordance with law after deciding the quantum proceedings – Decided in favour of Revenue. - ITA no. 5635/Mum./2012, ITA no. 5636/Mum./2012, ITA no. 5637/Mum./2012, ITA no. 5638/Mum./2012 - - - Dated:- 22-5-2014 - Shri Sanjay Arora And Shri A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal is that the learned Commissioner (Appeals) has erred in directing the Assessing Officer to delete the penalty levied by him under section 271(1)(c) of the Income Tax Act, 1961 (for short the Act ) for ₹ 6,95,880 in the assessment year 2004 05. ₹ 64,88,051 in the assessment year 2005 06, ₹ 42,93,460 in the assessment year 2006 07 and ₹ 36,65,112 in the assessment yea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned Commissioner (Appeals), however, held that the assessee was entitled for deduction on prorata basis by excluding the profit relatable to the commercial area and the flats which were having built up area exceeding 1,000 sq.ft. 4. Before us, the learned Counsel filed a copy of order 17th April 2013 passed by the Tribunal in assessee s own case for the assessment year 2004 05, 2005 06, 2006 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Commissioner (Appeals) has deleted the penalty after detail discussion on merits. However, the learned Counsel before us submitted that in the quantum proceedings, the Tribunal has set aside the matter to the file of the learned Commissioner (Appeals) and, therefore, the impugned orders of the learned Commissioner (Appeals) for all the years under appeal should also to be restored. Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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