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2019 (5) TMI 293

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..... ch of the Tribunal has remitted the matter back to the file of Assessing Officer. DR fairly submitted that since quantum addition has been remitted back to the file of Assessing Officer for readjudication, similarly penalty issue should also be restored back to the file of Assessing Officer in the interest of justice. We set aside the orders of the CIT(Appeals) for both the years and remit the .....

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..... 2. The crux of the grievance of the Revenue in both the appeals is deletion of penalty u/s.271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as the Act ) by the Ld. CIT(Appeals). 3. At the time of hearing , the Ld. DR appraised the Bench that quantum additions in both these appeals for which penalty has been levied u/s.271(1)(c) of the Act, has been set aside .....

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..... to the file of Assessing Officer for readjudication, similarly penalty issue should also be restored back to the file of Assessing Officer in the interest of justice. In view of the matter, we set aside the orders of the Ld. CIT(Appeals) for both the years and remit the matters back to the file of Assessing Officer to adjudicate in view of the quantum matter already in front of him .....

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