9911796707
TMI Blog2014 (9) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... n in Commissioner of Income Tax Versus Pravinchandra C. Parekh [2014 (3) TMI 186 - GUJARAT HIGH COURT ] - Tribunal while disposing of the appeal upholding the deletion of penalty imposed by the CIT(A) has solely relied upon the order passed by the CIT(A) on quantum of appeal and it was challenged before the Tribunal and the order was set aside and further direction was issued, the order passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red to as the Tribunal ) dated 3.1.2014 in ITA No. 238/Rjt/2013 for A.Y. 2004-05, the Revenue has preferred the present Tax appeal No. 414 of 2014 to consider the following substantial question of law: Whether the ITAT is justified in law and in fact in cancelling the penalty levied u/s. 271(1)(c) of the Act inspite of the fact that the quantum appeal is kept alive by the same ITAT Bench ? ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch, a similar order passed by the learned Tribunal deleting penalty under sec. 271(1)(c) of the Act was challenged and the Division Bench of this Court vide its order dated 4.2.2014 has allowed the said appeal and has remanded the matter to the learned Tribunal for a fresh consideration and dispose it of in accordance with law. Mr. J.P. Shah learned advocate appearing on behalf of the respondentas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... side and the matters are required to be remanded to the learned Tribunal to decide the said appeal afresh in accordance with law and on merits. 7. In view of the above and for the reasons stated above, both the appeals succeed. The impugned judgment and order passed by the learned Tribunal in ITA No. 238/Rjt/2013 for A.Y. 2004-05 and ITA No. 239/Rjt/2013 for A.Y. 2005-06 are hereby quashed and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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