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TMI Blog2013 (10) TMI 1543X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of Ld. CIT (A) by filing statement of facts and legal submissions before this bench as under :- In this case the appellant is a partnership firm which has been filing return of income regularly. The appellant has been carrying out the business of Garments and declared income of ₹ 94,120/- for the year under consideration. However, the income was assessed at ₹ 6,73,027/- u/s 143(3) of the Income Tax Act, 1961. In the year under appeal a search and seizure operation u/s 132 of the Income Tax Act, 1961 was conducted on 16.10.2007 and during the search operation post search investigation detailed investigation of books of accounts and stock etc. was carried out and nothing adverse was concluded/found in the stock by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eral nature. In this regard it is humbly submitted that the appellant had sought permission from the learned CIT (Appeals) to add, amend, forgo or alter any or all the grounds which has not been considered by him and dismissed the same. In this regard it is humbly submitted that such ground plays an important role in the case where some ground has escaped to be taken at the time of filing the appeal. Therefore, it is humbly submitted that the learned CIT(Appeals) has gone against the principles of natural justice by dismissing last ground first of all. Since the appellant has raised another ground, as per the learned CIT(Appeals), challenging the invocation of provisions of section 271(1)(c) of the Income Tax Act, 1961 in the case of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifferent. Under such circumstances the learned CIT(Appeals) is not permissible under law to rectify the matter of jurisdiction. Without prejudice above, it is also further humbly submitted that it is time-barred as per provisions of section 275 of the Income Tax Act, 1961. The learned has referred the provisions of section 292B of the Income Tax Act, 1961 to convert the penalty from 271(1)(c) to 271AAA if the Income Tax Act, 1961. Here it is wroth mentioning that the AO has no jurisdiction u/s 271(1)(c) of the Income Tax Act, 1961 which he assumed because of provisions of Explanation 5A to section 271(1) (c) and 271AAA of the Income Tax Act, 1961, how the provisions of section 292B could be invoked by the learned CIT (Appeals) and acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed penalty proceedings u/s 271(1)(c) and imposed penalty under that provision against which there is specific bar for levying penalty as per sub-section 3 of Section 271AAA of Income Tax Act so penalty u/s 271(1)(c) cannot be imposed under the said provision 3.1 So far as the action of Ld. CIT(A) in converting such penalty under Section 271AAA is concerned, it would be apt to reproduce subsection (1) of Section 271AAA, which reads as under: 271AAA. (1) The Assessing Officer may, notwithstanding anything contained in any other provisions of this Act, direct that, in a case where search has been initiated under section 132 on or after the 1st day of June, 2007 1st day of July, 2012], the assessee shall pay by way of penalty, in additio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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