Tribunal held that ; The assessee has made out a prima facie case that the outcome of the appeal before the ITAT will directly impact the penalty proceedings which are hurriedly being finalized by the authorities which may entail huge liability by way of penalty on the assessee. Accordingly The Revenue authorities are restrained from passing any order imposing penalty on the assessee so long as the appeal is pending before the Tribunal. (Followed , Wander 44 Taxman.com 103 (Bom) & GE India Technology 46 Taxmann.com 374 (Guj) (HC).( SA NOS. 436 & 437/MUM/2018, dt. 28.09.2018)(AY. 2016-17 & 2017-18)
Uber India Systems Pvt. Ltd. v. JCIT( 2018) 173 ITD 268/171 DTR 179/ 196 TTJ 459 ( Mum)(Trib),www.itatoline.org
S. 254(2A):Appellate Tribunal –Stay- Penalty – The assessee has made out a prima facie case that the outcome of the appeal before the ITAT will directly impact the penalty proceedings which are hurriedly being finalized by the authorities which may entail huge liability by way of penalty on the assessee. The Revenue authorities are accordingly restrained from passing any order imposing penalty on the assessee so long as the appeal is pending before the Tribunal. [ S. 206AA,271C ]