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2024 (6) TMI 985 - AT - Income TaxIssues involved: Validity of penalty proceedings under section 270A due to failure to specify relevant clauses; Condonation of delay in filing appeal. Validity of penalty proceedings under section 270A: The appeal for assessment year 2018-19 challenged the National Faceless Appeal Centre's order regarding penalty proceedings under section 270A of the Income Tax Act, 1961. The main legal issue raised was the validity of the penalty proceedings due to the Assessing Officer's failure to specify the corresponding clauses (a) to (f) to sub-section (9) before concluding that the assessee committed under-reporting of income as a result of misreporting. The tribunal rejected the Revenue's arguments based on a previous decision, emphasizing that the tribunal has the jurisdiction to decide such legal issues for the first time in proceedings under section 254(1). Citing judicial precedents, the tribunal held that the failure to pinpoint the relevant clauses indeed vitiated the penalty proceedings, leading to the deletion of the imposed penalty of Rs. 98,324. Condonation of delay in filing appeal: The delay of 533 days in filing the assessee's appeal was condoned by the tribunal, as the condonation averments remained unrebutted by the Revenue side. As a result, the assessee's appeal was allowed, and the impugned penalty was deleted. The order was pronounced in the open court on 19th June, 2024.
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