Appeal with CIT (A)

This query is : Resolved

CA Mandar Joshi (Querist)
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17 January 2011 Respected Experts,

I am currently filing an appeal against the order of Addl. CIT with CIT (A).
The addl. CIT has made several disallowances which are ad-hoc, in our opinion. However, on one particular point he has also initiated penalty proceedings u/s 271(1)(c) claiming that it is improper furnishing of details.
I am thinking of filing appeal with CIT (A) on all the point except that of penalty and going for Revision petition i.e. filing the revision petition u/S 264 on the penalty point only.
Please advice me whether I can do so?

Aditya Maheshwari

Aditya Maheshwari (Expert)
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17 January 2011 Penalty has been initiated in your case and not levied. So this is not an appealable order and no demand is outstanding on this count.

CA Mandar Joshi

CA Mandar Joshi (Querist)
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17 January 2011 So What action should we take on this point?

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CA Mandar Joshi

CA Mandar Joshi (Querist)
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17 January 2011 So What action should we take on this point?

Aditya Maheshwari

Aditya Maheshwari (Expert)
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18 January 2011 write a letter to them stating that you have filed an appeal before CIT(A) and stay the penalty proceedings till the disposal of appeal by the CIT(A).

CA Mandar Joshi

CA Mandar Joshi (Querist)
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18 January 2011 thanks sir