1.Penalty\u00a0 of Rs.5,00,000 u\/s 271(1)(c) was deleted by CIT appeal on the ground that penalty order passed by A.O. was passed after six months u\/s 275(1)(a) .<\/p>\n
2.The revenue is in appeal before ITAT on the ground that<\/p>\n
i) The penalty order was received late by CIT<\/p>\n
ii) The case is covered under exception to small tax effect circular of CBDT para 10(a)<\/p>\n
iii) Appeal admitted by the High court in quantum case is not relevant since withdrawal application has been filed by the assessee as per Vivad\u00a0 se Vishwas scheme.<\/p>\n
3. On behalf of the assessee it was submitted before ITAT<\/p>\n
i) no evidence by the revenue that the order was received late\u00a0 by the CIT was submitted<\/p>\n
ii) Order of CIT appeal interpreting the provision of section 275 does not amount to interpretation of constitutional validity and therefore is not covered in para 10(a)\u00a0 of CBDT circular.<\/p>\n
iii)Since substantial question of law in quantum case was framed by the high court application for withdrawal of appeal in view of Vivad se Vishwas scheme application does not alter the legal position on framing of substantial question of law that additions in quantum case are disputed.<\/p>\n
Case before the ITAT is fixed in next week . Your valuable guidance will be highly appreciated.<\/p>\n","protected":false},"comment_status":"open","ping_status":"closed","template":"","qa_expert":[139],"qa_category":[23],"qa_tag":[452,344,453,149],"class_list":["post-22956","qa","type-qa","status-publish","hentry","qa_expert-research-team","qa_category-income-tax","qa_tag-circular","qa_tag-concealment-penalty","qa_tag-constitutional-validity","qa_tag-penalty"],"acf":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/qa\/22956","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/qa"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/qa"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=22956"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=22956"}],"wp:term":[{"taxonomy":"qa_expert","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/qa_expert?post=22956"},{"taxonomy":"qa_category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/qa_category?post=22956"},{"taxonomy":"qa_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/qa_tag?post=22956"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}