2020 (10) TMI 837

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..... ta, Sr. D.R. ORDER PER BENCH : All the appeals by Assessee are directed against different Orders of the Ld. CIT(A)-24, New Delhi, Dated 29.06.2017, for the A.Ys. 2009-2010 to 2012-2013, challenging the levy of penalty under section 271(1)(c) of the I.T. Act, 1961. 2. We have heard the Learned Representative of both the parties through video conferencing and perused the material available on re .....

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..... fore Settlement Commission and addition on account of seized documents. The A.O. initiated the penalty proceedings under section 271(1)(c) of the I.T. Act, 1961 and vide separate Orders levied the penalty under section 271(1)(c) of the I.T. Act. The Ld. CIT(A) confirmed the levy of the penalty and dismissed the appeals of the assessee. 4. Learned Counsel for the Assessee referred to pages 6 to 9 .....

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..... specify under which limb of Section 271(1)(c) of the I.T. Act penalty proceedings have been initiated. Therefore, penalty is liable to be cancelled. He has relied upon Judgment of the Hon'ble Delhi High Court in the case of Pr. CIT vs., Sahara India Life Insurance Company Ltd., reported in 2019-(8)-TMI-409-Del.-HC. 5. On the other hand Ld. D.R. relied upon the Orders of the authorities below. 6. .....

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..... n-HC.). The Judgment of Hon'ble Karnataka High Court have been affirmed by dismissing the SLP of the Department reported in 73 taxmann.com 248. The Hon'ble Delhi High court in the case of Pr. CIT vs. M/s. Sahara India Life Insurance Company Ltd., 2019-(8)-TMI-409-(Del.-HC) vide Judgment Dated 02.08.2019 in paras 21 and 22 held as under : "21. The Respondent had challenged the upholding of the pe .....

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..... his Court is unable to find any error having been committed by the ITAT. No substantial question of law arises." 6.1. In view of the above, since the issue of notice itself is bad in Law, therefore, it vitiate the entire penalty proceedings and as such, the penalty proceedings are liable to be quashed. In view of the above discussion, we set aside the Orders of the authorities below and quash the .....

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