2024 (7) TMI 1281

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..... ised on behalf of the assessee that the penalty order has been rightly set aside by CIT(A). Decided in favour of assessee.
Shri Rathod Kamlesh Jayantbhai, AM And Shri Narinder Kumar, JM For the Assessee : Shri S.L. Poddar, Adv. For the Revenue : Shri Anil Bhardwaj (CIT) ORDER PER: NARINDER KUMAR, JUDICIAL MEMBER Department- the Revenue is feeling aggrieved by order dated 27.04.2024 passed by Learned CIT(A), NFAC, Delhi, u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as the "Act"). 2. Vide impugned order, Learned CIT(A) has set aside the order of penalty passed by the Assessing Officer u/s 271(1)(c) of the Act, while observing that the Appellate Tribunal upheld the claim of the assessee respondent as regards deductions .....

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..... of this appeal. In the alternative, Ld. DR for the appellant has submitted that the appeal be kept in abeyance, to be taken up after disposal of the appeal filed by the department before the Hon'ble High Court. 9. As regards pendency of the appeal before the Hon'ble High Court against the order dated 12.04.2019 passed by this Appellate Tribunal setting aside the quantum addition, it has not been submitted on behalf of the department-appellant that there is any order of stay of proceedings in this appeal. Therefore, there is no merit in the contention raised on behalf of the assessee-appellant that this appeal may be kept in abeyance. Even otherwise, on dismissal of an appeal by the Hon'ble High Court, the authorities below are bound to gi .....

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..... Commissioner (Appeals) or, the Appellate Tribunal or the High Court, or the Supreme Court or order of revision under section 263 or section 264:" Having regard to the provisions of sub-section (1A) of section 275 of the Act, we find merit in the contention raised on behalf of the appellant that said provisions do not apply to the given situation, and it cannot be said the present appeal filed by the department is not maintainable. 12. Admittedly, the quantum addition, on being challenged by the assessee before this Appellate Tribunal has been set aside vide order dated 12.04.2019, while allowing in ITA No. 678/JP/2018 filed by the assessee and thereby allowing deductions claimed u/s 54B of the Act. Ld. AR for the respondent-assessee has s .....

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