2019 (1) TMI 1529

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..... not survive at present. Therefore, the action of the CIT(A) towards sustaining penalty is set aside and restored back to the file of CIT(A) for fresh adjudication in the light of quantum appeal. - Appeal of the Assessee is allowed for statistical purposes. - I.T.A. No. 1036/Ahd/2017 - - - Dated:- 29-1-2019 - Shri Pradip Kumar Kedia, Accountant Member And Shri Mahavir Prasad, Judicial Memebr .....

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..... rred on facts and in law in confirming action of Assessing Officer in issuing not ice u/s 271(1)(c) r.w.s. 274 even though there was no initiation of penalty proceedings in the assessment order. 3. The Ld. CIT(A) erred on facts and in law in confirming action of Assessing Officer even though the not ices issued u/s 271(1) (c) r.w.s. 274 were not in accordance wi th the provisions of the Act i .....

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..... quantum proceedings, the very basis for imposition of penalty under s. 271(1)(c) does not survive at present. Therefore, the action of the CIT(A) towards sustaining penalty is set aside and restored back to the file of CIT(A) for fresh adjudication in the light of quantum appeal. 5. In the result, the appeal of the Assessee is allowed for statistical purposes. This Order pronounced in Open .....

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