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TMI Blog2021 (7) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... ing inaccurate particulars of income. He has further given a finding that in the penalty order AO had initiated penalty for furnishing of inaccurate particulars of income but in the penalty order it was for concealment of income. The penalty imposed suffered from legal flaws and thus the imposition of penalty was untenable and thus deleted the penalty levied by AO. We for the reasons stated hereinabove while dismissing the appeal of the Revenue for A.Y. 2006-07 and for similar reasons dismiss the appeal of Revenue for A.Y. 2007-08 also. Thus appeal of Revenue is dismissed. - ITA Nos. 4753 & 4754/Del/2017 - - - Dated:- 8-7-2021 - Anil Chaturvedi, Member (A) And Sudhanshu Srivastava, Member (J) For the Appellant : Sunita Singh, CI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, assessee carried the matter before the CIT(A) who vide order dated 28.02.2017 in Appeal No. 141/16-17 (Original)/72/16-17 (New) deleted the penalty for the reason that he noticed that the notice issued for penalty did not specify as to whether the penalty was levied u/s. 271(1)(c) or 271(1)(b) of the Act. He also noted that the notice even did not specify as to whether the penalty was levied for concealment of income or for furnishing of inaccurate particulars of income. He therefore held that the notice to be a vague and without any specific charge, and even regarding the section that was invoked. He further noted that penalty was initiated for furnishing of inaccurate particulars of income as per Para - 3 of the penalty order but the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct) and therefore explanation 1 cannot be applied, by completely ignoring the fact that the default on the part of the assessee to disclose facts material to computation of total income automatically results into a deeming provision of concealment for all income and the assessee's default regarding production of material facts in the assessment order para 5 to 16 has been highlighted in detail. 4. Whether the CIT(A) was correct in holding that the notice was vague and without any clear charge inspite of the fact that the notice mentioned very clearly the same and the notice was consequent to the order passed u/s. 153A r.w.s. 143(3) wherein specifically the initiation u/s. 271(1)(c) has been mentioned against every addition and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the penalty was levied as to whether it was u/s. 271(1)(c) or 271(1)(b) of the Act. He has also given a finding that the notice issued was silent as to whether it was for concealment of particulars of income or was for furnishing inaccurate particulars of income. He has further given a finding that in the penalty order AO had initiated penalty for furnishing of inaccurate particulars of income but in the penalty order it was for concealment of income. Considering the aforesaid facts he held that the penalty imposed suffered from legal flaws and thus the imposition of penalty was untenable and thus deleted the penalty levied by AO. 9. Before us, Revenue has not pointed to any fallacy in the findings of CIT(A). We therefore find no reason ..... X X X X Extracts X X X X X X X X Extracts X X X X
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