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TMI Blog2021 (5) TMI 872X X X X Extracts X X X X X X X X Extracts X X X X ..... /examination to decide the same afresh, therefore, the penalty does not survive at this juncture. Hence, we direct the Assessing Officer to initiate fresh penalty proceedings after completion of fresh Assessment proceedings according to the law and provisions of penalty. Hence, the appeal of the assessee is allowed. - I.T.A. No. 2652/Del/2016 - - - Dated:- 27-5-2021 - SHRI R. K. PANDA ACCOUNTA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 271(l)(c) of the Income Tax Act, 1961 dated 26.06.2012 passed by the Ld. Assessing Officer is null and void as it is not preceded by proper service of show cause notice u/s 274 read with section 271 (l)(c) of the Income Tax Act, 1961 and Hon ble CIT (A) has erred in not adjudicating this ground of appeal on merits. 3. Penalty was imposed on the basis of an ex-parte assessment order u/s 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion on account of Rental Income : ₹ 2,84,679/- In the meanwhile the penalty proceedings u/s 271(1)(c) of the Income Tax Act, 1961 was initiated on the additions made by the Assessing Officer and accordingly, notice u/s 271 read with Section 274 was issued to the assessee for levy of penalty u/s 271(1)(c) of the Act on 05.12.2011. However, since the assessee has not responded to the noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elevant material available on record. The CIT(A) has passed consolidated order for quantum as well as for the penalty under Section 271(1)(c) of the Act vide order dated 17.02.2016. In the quantum appeal, the Tribunal vide order dated 06.01.2020 held as under: 5. I have heard both the parties and perused the records especially the orders of the revenue authorities. I find considerable cogency ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore the Assessing Officer for substantiating his claim and will not seek any unnecessary adjournment. Since the additions on which penalty was imposed by the Assessing Officer and sustained by the CIT(A) has been remanded back to the file of the Assessing Officer for thorough investigation/examination to decide the same afresh, therefore, the penalty does not survive at this juncture. Henc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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