2017 (12) TMI 645

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..... 'ble Supreme Court in the case of Mohd. Mohatram Farooqui vs. CIT (2010 (2) TMI 1122 - SUPREME COURT) in which it has been held that if addition is restored to the A.O, then penalty should also be restored. - Decided in favour of assessee. - I.T.A .No. 6738/DEL/2014 - - - Dated:- 14-9-2017 - SHRI R. S. SYAL, VICE PRESIDENT AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER For The Appellant : Ms. Kri .....

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..... fore the ITAT being ITA No. 5653/Del/2011 which was decided on 15/1/2016 whereby the Tribunal has remitted back the matter to the Assessing Officer. 4. The Ld. AR perused the order of the ITAT in assessee s own case for the quantum appeal and submitted that the issue is restored to the file of the Assessing Officer, the penalty does not survive. 5. The Ld. DR did not controvert the same. .....

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..... d also be remanded to the A.O. We, therefore, set aside the impugned order and remit the matter to the file of the A.O for determining the question of imposition or otherwise of the penalty on the issue, after the passing of a fresh assessment order on this count. 7. In result, the appeal of the assessee is allowed. Order pronounced in the Open Court on 14th September 2017. - - TaxTMI - .....

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