2016 (7) TMI 56

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..... on 10A of the Act while restoring it to the Assessing Officer for fresh consideration. Also it is an admitted position between the parties that the appeals filed by the Revenue against the above ITAT order in quantum proceedings [2014 (9) TMI 1060 - BOMBAY HIGH COURT] were dismissed by the order of HC the penalty proceedings at this stage are unsustainable - Decided in favour of assessee - Inc .....

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..... the case to the Assessing Officer 3. The impugned order of the Tribunal allowed the respondent assessee's appeal against imposition of penalty under Section 271(1)(c) of the Act. This was on account of the fact that in quantum proceedings, the respondent assessee had succeeded and the Tribunal by an order dated 7th September, 2011 set aside the disallowance on account of partial denial .....

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