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Income Tax

Tax Penalty Proceedings Deferred Until Quantum Appeal Resolution

Case Law Details

Case Name
Malkit Kaur Vs ITO (ITAT Chandigarh)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2015-16
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Malkit Kaur Vs ITO (ITAT Chandigarh) Penalty can’t survive when quantum is unsettled: ITAT Chandigarh remands 271 penalty to await fate of addition Chandigarh Tribunal held that penalty proceedings cannot attain finality when the very quantum addition forming the foundation of penalty stands remanded. Tribunal noted that the quantum addition had already been set aside & remanded to CIT(A) by ITAT vide order dated 30-05-2025. Since penalty is merely an offshoot of quantum proceedings, confirmation of penalty by CIT(A)/NFAC without awaiting outcome of quantum appeal was held to be untenabl...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,510

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