ACIT vs Basti Sugar Mills Co. Ltd.

PER YOGESH KUMAR, U.S. JM:

The present appeal is filed by the Revenue against the order of Ld. Commissioner of Income Tax (Appeals/ National Faceless Appeal Centre (‘Ld. CIT(A)/NFAC’ for short), New Delhi dated 21/07/2025 for the Assessment Year 2003-04, wherein the Ld. CIT(A) has deleted the order of penalty passed under Section 271(1)(c) of the Income Tax Act, 1961 (‘Act’ for short).

Both the parties submitted that the First Appeal challenging the quantum for the year under consideration is still pending adjudication by the Ld. CIT(A), which is yet to be decided by the Ld. CIT(A). Recording the submission of both the parties, we set aside the order of the Ld. CIT(A) and restore the First Appeal challenging the order of penalty to the file of the Ld. CIT(A) with a direction to decide the same alongwith or after deciding the quantum appeal pending before the Ld. CIT(A).

In the result, Appeal of the Revenue is partly allowed for statistical purpose.