9911796707
TMI Blog2024 (2) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... read with 271 of the Act would show that the notices are in the nature of an omnibus show cause notice issued without deleting or striking off the inapplicable part. Same is the case with the penalty order passed under Section 271(1)(c) of the Act, as it also does not state under which limb of Section 271(1)(c) of the Act penalty has been levied. Thus penalty deleted - Decided in favour of assessee. - Shri Prashant Maharishi, Accountant Member And Shri Rahul Chaudhary, Judicial Member For the Appellant : Shri Rahul Sarda For the Respondent : Dr. Kishor Dhule ORDER PER RAHUL CHAUDHARY, JUDICIAL MEMBER: 1. By way of the present appeal the Appellant has challenged the order, dated 22/06/2023, passed by the Ld. Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide challan no. 01324 dated 03.07.2023 towards the fees of the present appeal whereas the correct amount of fees was only Rs. 500/-. Hence, the Appellant requests that this Hon'ble Tribunal directs the Income Tax Department to grant a refund of the excess fees bona fide paid by the Appellant. 3. Appellant has challenged the levy of penalty of INR 4,54,486/- by the Assessing Officer under Section 271(1)(c) of the Act which has been confirmed by the CIT(A) leading to the filing of the present appeal. 4. Brief facts of the case are that for the Assessment Year 2011-12 assessment under Section 143(3) read with Section 147 of the Act was framed on the Appellant vide order, dated 09/12/2016, at Income of INR 1,29,76,272/- after maki ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a) has held that a mere defect in the notice - not striking off the irrelevant matter, would vitiate the penalty proceedings. The relevant extract of the aforesaid judgment reads as under: Answers: Question No. 1: If the assessment order clearly records satisfaction for imposing penalty on one or the other, or both grounds mentioned in Section 271(1)(c), does a mere defect in the notice not striking off the irrelevant matter vitiate the penalty proceedings? 181. It does. The primary burden lies on the Revenue. In the assessment proceedings, it forms an opinion, prima facie or otherwise, to launch penalty proceedings against the assessee. But that translates into action only through the statutory notice under section 271(1)(c) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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