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TMI Blog2023 (4) TMI 677X X X X Extracts X X X X X X X X Extracts X X X X ..... d for that purpose Hon ble High court relied its full bench judgment in Mohd. Farhan A Shaikh [ 2021 (3) TMI 608 - BOMBAY HIGH COURT] Thus the penalty proceedings are void ab initio. Accordingly, grounds raised by the Assessee are sustained. Decided in favour of assessee. - ITA No. 6765/Del/2019 - - - Dated:- 21-2-2023 - Shri G.S. Pannu, Hon ble President And Shri Anubhav Sharma, Judicial Member For the Assessee : Shri R. M. Mehta, CA For the Revenue : Shri Parikshit Singh, Sr. DR, Sh. Kanv Bali, Sr. DR ORDER PER ANUBHAV SHARMA, J. M.: 1. The appeal has been preferred by the Assessee against the order dated 07.06.2019 of Ld. Commissioner of Income Tax (Appeals)-12, New Delhi (hereinafter referred as Ld. Fir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... death certificate and the amended form 36 filed is made part of the record. 4. Heard and perused the record. 5. The Assessee has raised following grounds of appeal:- 1. That the Ld. CIT(A) has erred both on facts and in law in upholding the penalty of Rs.2,26,618/- imposed by the A.O. U/s 271(1)(c) of the Income Tax Act, 1961 ( The Act ) 2. That the Ld. CIT(A) has erred in upholding the levy of penalty both on the legal ground as also on merits, without considering or dealing with the detailed written submissions filed including the judgements cited therein. 3. That the CIT(A) failed to consider the penalty proceedings being vitiated in law at the outset due to an invalid notice, the subsequent levy of penalty by the A. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at page NO. 5 of the paper book makes it apparent that the ld AO had failed to distinguish and inform the Assessee as to it the notice was issued for concealment of income or furnishing inaccurate particulars and a proforma in a mechanical manner the notice was issued. The judgment relied by the ld counsel for the Assessee in the case of Ganga Iron Steel Trading Co. Vs. CIT (supra) reiterates the settled provision of law that if notice is vague then the penalty proceedings initiated on that basis were vitiate and for that purpose Hon ble High court relied its full bench judgment in Mohd. Farhan A Shaikh Vs. CIT (2021) 424 ITR 1. 9. In the light of the aforesaid, the penalty proceedings are void ab initio. Accordingly, grounds raised by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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