Appeal before CIT(A)

If assessee has filed appeal before CIT(A) against regular assessment but not intimate income tax department. it has been department levied penalty. Can assessee demand recoveble or not. please suggest.
Replies (1)
if penalty is already levied, file appeal against this order and pay 20% of penalty demand. if show cause for levy of penalty is issued, then inform the dept that you have preferred an appeal agaist asst order and request to keep penalty proceedings in abeyance till the disposal of appeal

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