9911796707
TMI Blog2025 (4) TMI 1447X X X X Extracts X X X X X X X X Extracts X X X X ..... ACCOUNTANT MEMBER: The present appeal has been filed by the assessee against the order passed by the learned Commissioner of Income-tax (Appeals)-3, Bhopal [in short "CIT(A)"] u/s. 250(6) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). 2. The facts relevant to the case are that consequent to a search action conducted on the assessee u/s. 132(1) of the Act on 28.03.2018, asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e addition of Rs. 70,14,083/- has been challenged before Hon'ble M.P. High Court, Gwalior Bench and the appeal has been admitted by the Hon'ble Court framing the substantial question of law as under : "The appeal appears to be arguable and, therefore, is admitted for final hearing on the following substantial questions of law :- 1. Whether under the facts and circumstances of the case and in l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned counsel for the assessee contended that the appeal is still pending before the Hon'ble High Court and to this effect he filed evidence by way of certificate from the representing counsel enclosing therewith the status report of the Hon'ble M.P. High Court from website. Ld. Counsel for the assessee contended that since Hon'ble High court has found it fit to admit assessee's appeal, it is eviden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ida 2016(9) TMI 1490- ITAT Delhi (ix) ACIT vs. Shri Pawan Kumar Malhotra 2016(6) TMI 797- ITAT Delhi. 5. Learned DR, though was unable to point out any infirmity in the proposition of law canvassed by the ld. Counsel for the assessee, however, heavily supported the order of ld. CIT(Appeals). 6. Having heard the contentions of both the parties, we find merit in the contention of the ld. Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted substantial question of law on issue of quantum proceedings, on the basis of which penalty was levied, it shows that the concealment is not final and the issue is debatable. Therefore, there is no case for levy of penalty. In the light of the same, we hold that the penalty levied in the present case being on a debatable issue, is not sustainable and we direct the deletion of the same. 7. Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
