9911796707
TMI Blog2019 (1) TMI 1203X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessment, AO mentioned one limb of clause (c) of section 271(1) of the Act i.e. ‘concealed the particulars of income’. But at the time of levying penalty, the Assessing Officer mentioned both the limbs of clause (c) of section 271(1) i.e. furnished inaccurate particulars of income and thereby concealed her income. This manner of recording of satisfaction suggests the existence of ambiguity wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the facts and in the circumstances of the case and in law, the Lower Authorities have erred in levying the penalty of ₹ 19,033/- by invoking the provisions of section 271(1)(c) of the Income Tax Act, 1961 without considering appellant s contention in this regard. The appellant craves for to leave, add, alter, modify, delete above grounds of appeal before or at the time of hearing, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the limb in which penalty u/s.271(1)(c) has to be imposed, is not clear and the Assessing Officer is ambiguous that on which limb penalty has to be levied on the assessee. Highlighting the legal requirement of making a specific reference to the specific limb of clause (c) of section 271(1) of the Act and relying on various binding judgments in the case CIT Vs. Shri Samson Perinchery (2017) 392 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8,300/- is declared by the assessee as result of search action, the assessee has concealed the particulars of such income within the meaning of Explanation 5A to section 271(1)(c) of the I.T Act. Penalty proceedings u/s.271(1)(c) is separately initiated. 6. We have also perused the penalty order dated 23.05.2014 and find that the satisfaction recorded by the AO for levying the penalty u/s.271 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f ambiguity with reference to applicability of specific limb. Therefore, we are of the opinion that considering the above referred binding judgments such penalty order is unsustainable in law legally. AO is under obligation to specify the correct limb at the time of initiation as well as at the time of levy of penalty. In view of the above deliberation on this issue, we are of the opinion that ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
