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Tax Penalty Proceedings Deferred Until Quantum Appeal Resolution
Case Law Details
- Case Name
- Malkit Kaur Vs ITO (ITAT Chandigarh)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2015-16
- Courts
- All ITAT, ITAT Chandigarh
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Malkit Kaur Vs ITO (ITAT Chandigarh)
Penalty can’t survive when quantum is unsettled: ITAT Chandigarh remands 271 penalty to await fate of addition
Chandigarh Tribunal held that penalty proceedings cannot attain finality when the very quantum addition forming the foundation of penalty stands remanded. Tribunal noted that the quantum addition had already been set aside & remanded to CIT(A) by ITAT vide order dated 30-05-2025. Since penalty is merely an offshoot of quantum proceedings, confirmation of penalty by CIT(A)/NFAC without awaiting outcome of quantum appeal was held to be untenabl...




