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Penalty Cannot Stand When Quantum Issue Is Pending Before HC: ITAT Hyderabad
Case Law Details
- Case Name
- Nagaiah Kekkireni Vs ITO (ITAT Hyderabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009-10
- Courts
- All ITAT, ITAT Hyderabad
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Nagaiah Kekkireni Vs ITO (ITAT Hyderabad)
Penalty Cannot Stand When Quantum Issue Is Pending Before High Court-Once the High Court admits an appeal on the quantum issue, the matter becomes debatable
The Hyderabad Bench of the Income Tax Appellate Tribunal (ITAT) deleted the penalty of ₹12.12 lakh levied under section 271(1)(c), holding that penalty proceedings cannot survive when the very quantum addition is sub judice and admitted by the High Court on a substantial question of law.
In this case for AY 2009-10, the penalty was levied in respect of an addition of ₹42.84 lakh made towards un...
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