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TMI Blog2018 (4) TMI 1358X X X X Extracts X X X X X X X X Extracts X X X X ..... ciding the issue whether the penalty has been levied by the AO on the sum which was surrendered by the assessee or against the addition made by the AO. The assessee has raised this issue first time before this Tribunal and in the absence of the said issue raised before the authorities below the relevant facts though available on the assessment record were not referred in the impugned orders by the authorities below. Thus we set aside these appeals to the record of the ld. CIT(A) for considering the additional ground raised by the assessee which has been admitted by us for adjudication on merits - Decided in favour of assessee for statistical purposes. X X X X Extracts X X X X X X X X Extracts X X X X ..... . DR on admission of the additional ground whereby the assessee has challenged the validity of notice issued u/s 274 r.w.s. 271(1)(c) for want of specifying the default whether concealment of income or furnishing inaccurate particulars of income. The ld. AR of the assessee has submitted that the additional ground raised by the assessee is legal in nature and goes to the root of the matter. Further, for adjudication of the additional ground no fresh investigation of fact is required except those already on record. Thus, the ld. AR has also submitted that in view of the decision of the Hon'ble Supreme Court in case of NTPC vs. CIT 229 ITR 383 the Tribunal may admit the additional ground which is legal in nature and arising from the facts whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Thus, in the facts and circumstances of the case when the additional ground raised by the assessee does not require any investigation of facts for its adjudication and relevant record and facts are available on the assessment record then, in view of the decision of Hon'ble Supreme Court in case of NTPC vs. CIT (Supra) the additional ground raised by the assessee is admitted for adjudication on merits. 6. On merits of the additional ground the ld. AR of the assessee has submitted that since the notice issued u/s 274 has not specified the charge for levy of penalty whether it was concealment of income or furnishing inaccurate particulars of income then the said notice suffers from illegality and therefore, in view of the decision of Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tly surrendered this amount and was added to the total income of the assessee. Thus, the ld. DR has submitted that this is not a case of addition made by the AO by the assessee himself had surrendered this income being undisclosed income of the assessee. Therefore, the AO was not required to specify the charge for initiation of penalty proceedings when the assessee himself surrendered this amount as undisclosed income. The ld. DR has relied upon the orders of the authorities below. 8. We have considered the rival submissions as well as the relevant material on record. There is no quarrel on the point that if the penalty proceedings were initiated by the AO in respect of the addition made to be total income of the assessee then the AO is re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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