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TMI Blog2019 (4) TMI 628X X X X Extracts X X X X X X X X Extracts X X X X ..... r.T.R.Senthilkumar Senior Standing Counsel JUDGMENT DR.VINEET KOTHARI, J. The Assessee has filed this Tax Case (Appeal) under Section 260-A of the Income Tax Act by raising the following purported substantial questions of law arising from the order passed by the Income Tax Appellate Tribunal on 21.9.2016 for the Assessment Year 2012-13 whereby the Tribunal has remitted the matter back to the As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal by the Department against the quantum order?" 2. The relevant portion of the order passed by the Tribunal is quoted below for ready reference:- "ITA No.102/Mds/16(A.Y:2011-12) 10. Regarding the main grievance of Revenue in this appeal is with regard to direction of Learned Commissioner of Income Tax (Appeals) to deletion of penalty imposed under Section 271(1)(c) of the Act by Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount spend on leasehold land, disallowance of depreciation claimed on intangible assets, disallowance of TUF reimbursement claimed as capital receipt, disallowance of excess depreciation claimed on machines and disallowance of amount on proto type samples. Further, the Assessing Officer stated in penalty order that the assessee went in appeal before Commissioner of Income Tax (Appeals) except fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment order on the basis of which penalty has been levied, still the subject matter of litigation, which is not. Hence, in our opinion, the Assessing Officer is at liberty to initiate the penalty proceedings only after giving effect to the Tribunal order by him in the issue of quantum addition. Accordingly, we vacate the penalty order at this stage. As such we dismiss this appeal of Reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for consideration by this Court under Section 260A of the Act since the matter has been remitted to the Assessing Officer for re-consideration on the issue of additions made by the Assessing Authority and the penalty under Section 271(1)(c) is a consequential issue it can be considered after a decision is arrived on the issue of additions, the present Appeal is premature one and the Assessee is fr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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