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Consequential Penalty Must Wait for Outcome of underlying Assessment: ITAT Nagpur
Case Law Details
- Case Name
- Kirtikumar Haribhai Patel Vs ITO (ITAT Nagpur)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2020-21
- Courts
- All ITAT, ITAT Nagpur
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Kirtikumar Haribhai Patel Vs ITO (ITAT Nagpur)
Consequential Penalty Must Await Outcome of Fresh Assessment- Nagpur ITAT Restores 270A Penalty – To Be Reconsidered After Fresh Assessment-Penalty Cannot Survive if Assessment Set Aside – Tribunal Sends Back Matter
Assessee filed appeal against order of CIT(A)/NFAC dated 25.03.2025 which had confirmed penalty of ₹11,79,772 levied u/s 270A. The penalty was imposed by AO consequent to an ex-parte assessment.
At hearing, Assessee pointed out that the very assessment order forming the basis of penalty had already been set aside by Tribunal in I...






