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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)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2020-21
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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...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,494

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