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TMI Blog2019 (7) TMI 1271X X X X Extracts X X X X X X X X Extracts X X X X ..... l, CA For the Revenue : Shri N.K. Bansal, Sr. Dr ORDER PER ANADEE NATH MISSHRA, AM This appeal by Revenue is filed against the order of Learned Commissioner of Income Tax (Appeals)-Rohtak, ["Ld. CIT(A)", for short], dated 24.11.2014 and 19.08.2016 respectively for Assessment Year 2010-11, on the following grounds: "1. The CIT(A) has erred in deleting the penalty amounting to Rs. 43,15,142/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ddition of Rs. 1,39,64,857/-. Against the penalty order dated 30.09.2015, assessee appealed before the Ld. CIT(A), who, vide her order dated 19.08.2016 allowed the appeal of the assessee. The present appeal before Income Tax Appellate Tribunal ("ITAT", for short) has been filed by Revenue against the aforesaid order dated 19.08.2016 wherein the Ld. CIT(A) deleted the penalty. At the time of hearin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s account. The Assessing Officer has disallowed the assessee's claim at the threshold itself without examining the details in this regard and also without examining as to whether the provisions of the afire mentioned Circular, as being relied upon by the assessee, were applicable in the assessee's case or not. It is also apparent that the Assessing Officer has also not examined whether the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... king into account the provisions of the Circular as well as after duly examining whether the assessee has claimed the waiver of interest in terms of the aforesaid Circular or not. Needless to say, the assessee will be afforded due opportunity by the Assessing Officer in this regard." (2.1) The Ld. Counsel for assessee submitted that the penalty levied by the AO is unsustainable in view of the afo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where the additions made in the Assessment Order, on the basis of which penalty for concealment was levied, are set aside or cancelled by ITAT or otherwise, the penalty cannot stand by itself and is liable to be cancelled. In such a situation, there remains no basis at all for levying the penalty for concealment, and therefore, in such a case, no such penalty can survive and the same is liable to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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