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

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