9911796707
TMI Blog2015 (5) TMI 1235X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal is of the considered opinion that when appeal was filed before the Commissioner of Income Tax (Appeals), the CIT(A) is bound to dispose of the same on merits. Since the appeal was withdrawn by the assessee, the Commissioner of Income Tax (Appeals) dismissed the appeal as withdrawn and confirmed the penalty levied by the Assessing Officer without any appreciation of materials available on record. It is well settled principles of law that assessment proceedings and penalty proceedings are separate and distinct and therefore, Assessing Officer is excepted to reappreciate the materials available on record. Likewise, when the appeal filed before the Commissioner of Income Tax (Appeals), the Commissioner of Income Tax (Appeals) is al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 6,94,307/- on the ground that the assessee concealed particulars of income. On a query from the bench, what happened to the quantum addition made by the Assessing Officer, learned representative clarified that in fact, the assessee filed an appeal before the Commissioner of Income Tax (Appeals), however, the same was withdrawn. Since the appeal was withdrawn by the assessee in respect of quantum appeal, the Commissioner of Income Tax (Appeals) confirmed the penalty levied by the Assessing Officer. 3. Shri P.Radhakrishnan, learned Departmental Representative supported the orders of lower authorities. 4. We have considered the rival submissions on either side and perused the relevant material on record. It is not in dispute that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that merely because appeal was withdrawn by the assessee that cannot be a reason for confirming penalty levied by the Assessing Officer and the Commissioner of Income Tax (Appeals) has to independently examine the materials available on record. Accordingly, the order of the Commissioner of Income Tax (Appeals) is set aside and the issue of penalty is remitted back to the file of the Commissioner of Income Tax (Appeals). The Commissioner of Income Tax (Appeals) shall reconsider levy of penalty afresh in accordance with law and thereafter decide the same after giving a reasonable opportunity of hearing to the assessee. It is made clear that Commissioner of Income Tax (Appeals) shall reappreciate the entire materials available on record and t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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