If Quantum appeal restored back to AO for de novo adjudication then penalty proceeding too deserves to be restored back

DCIT Vs. Shri Jayesh Chandulal Patel (ITAT Ahmedabad)- Parties appearing before us have fairly expressed that since the issue pertaining to the quantum addition had already been restored back to the file of the Assessing Officer with certain directions for de novo adjudication, therefore consequence thereupon these penalty proceeding deserves to be restored back to the file of the Assessing Officer. Considering the totality of the facts of the case, we deem fit to restore the issue of levy of penalty u/s.271(1)(c) of the I.T.Act for afresh adjudication by the Assessing Officer in the light of the outcome of the assessment proceedings.

IN THE INCOME TAX APPELLATE TRIBUNAL

“ A ” BENCH, AHMEDABAD

BEFORE SHRI MUKUL Kr.SHRAWAT, JUDICIAL MEMBER AND

SHRI B.P.JAIN, ACCOUNTANT MEMBER

Sl.Nos	IT(SS)A Nos/ CO Nos.	Asst.Year(s)	Appeals/COs by   Appellant       vs.        Respondent
			Appellant               Respondent
1.	115/Ahd/2010	1999- 2000	DCIT,Mehsana Circle,Mehsana	Shri Jayesh Chandulal Patel C/o.Vimal Electric Co. 31, GIDC Estate Highway, Mehsana PAN:ABXPP2978G
2	116/Ahd/2010	2000-01	Revenue	Assessee
3.	117/Ahd/2010	2001-02	Revenue	Assessee
4.	118/Ahd/2010	2002-03	Revenue	Assessee
5.	119/Ahd/2010	2003-04	Revenue	Assessee
6.	120/Ahd/2010	2004-05	Revenue	Assessee
7.	CO81/Ahd/2010 (in IT(SS)A No.115/A/10)	1999-2000	Assessee	Revenue
8.	CO82/Ahd/2010 (in IT(SS)A No.116/A/10)	2000-01	Assessee	Revenue
9.	CO83/Ahd/2010 (in IT(SS)A No.117/A/10)	2001-02	Assessee	Revenue
10.	CO84/Ahd/2010 Paid content Become a Basic or Premium Member, or log in if you are already a Basic or Premium member. Become a Member Already a member? Log in Advertisement Filed under ITAT Judgments Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects. Join Our WhatsApp Group Join Our Telegram Group Review us on Google Related Articles in Income Tax Corporate Guarantees in Transfer Pricing: Courts Draw Line Between Shareholder Support and Services September 1, 2026 Rolex Rings’ ₹5.40 Crore Accommodation-Entry Addition Deleted: ITAT Rajkot August 31, 2026 ITAT Strikes Down Section 263 Revision Against Mukul Rohatgi After PCIT Promotion August 31, 2026 ITAT Jodhpur Allows 80G Approval Where Religious Spending Remains Below 5% August 31, 2026 ITR Filing Deadline: Six Checks Before 31 August 2026 for AY 2026-27 August 31, 2026 ITAT Kolkata Quashes Reassessment Where Recorded Reopening Reason Did Not Lead to Addition August 31, 2026 Newsletter Subscribe Our Newsletter Join the professionals, businesses and finance teams who rely on TaxGuru's morning digest of notifications, judgments and analysis. Curated by editors, free forever. Email address Subscribe Free No spam, ever One-click unsubscribe Get the TaxGuru App Read the latest tax & corporate law updates on the go. Download our app and never miss an update. 📲 Install App