2020 (6) TMI 364

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d order and remand the issue of penalty to the file of the AO to take a view in consonance with the view to be taken on the aspect of quantum. Appeal of the assessee is allowed, for statistical purposes. - ITA. Nos. 5517/Del/2017 - - - Dated:- 2-3-2020 - Shri G.S. Pannu, Vice President And Shri K. Narasimha Chary, Judicial Member For the Assessee : Shri Piyush Kaushik, Adv.; For the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rused the same. 4. The learned Senior Departmental Representative does not controvert this fact. 5. We have heard the parties and perused the records. Since the very basis for levy of penalty i.e. issue of quantum has been set aside to the file of the learned Assessing Officer, we are of the considered opinion that penalty based on such non-existent ground does not survive. In the fitness of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X