9911796707
TMI Blog2023 (1) TMI 1373X X X X Extracts X X X X X X X X Extracts X X X X ..... s claim that the relevant limb in the penalty notice about the charge against the assessee was not specified. After examining the same and the factual veracity thereof, the ld.CIT(A) shall pass an order as per law. Needless to add, the assessee should be granted adequate opportunity of being heard. - Shri Shamim Yahya, Accountant Member And Ms Astha Chandra, Judicial Member For the Assessee : None. For the Revenue : Shri Gurpreet Shah Singh, Sr. DR. ORDER PER SHAMIM YAHYA, A.M.: This appeal filed by the assessee is directed against the Order of the Ld. CIT(A)-2, New Delhi, dated 31.03.2017 and pertains to A.Y. 2013-14. 2. The grounds of appeal read as under:- Invalid Penalty U/s 271(1)(c) of Rs. 6,58,098/- 1. That on the facts and in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quantum order as assumptive and presumptive basis has very weak foundation, in eyes of law as highlighted in our reply dated 09.12.2015 and 05.01.2017 respectively filed before AO and CITA. Prayer/ Relief Claimed 1. To delete the penalty levied of Rs. 6,58,098/-. 2. Any other relief as deemed fit in circumstances of the case. 6. That the appellant craves leave to add add/alter any/all grounds of appeal before or at the time of hearing of the appeal. 3. Brief facts of the case leading to the levy of penalty in this case are that the assessee filed its return of income on 26.09.2013 with total brought forward losses of Rs. 54,87,16,226/- including unabsorbed depreciation. Later, the assessee revised its return of income on 20.02.2015 declari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by hearing the ld. DR and perusing the record. We note that before us, the assessee has raised grounds challenging the jurisdiction for levy of penalty by pleading that the AO has failed to point out the exact head/limb under which the penalty is levied and has claimed that it made the penalty invalid. We find that the above ground has not been raised before any of the authorities below nor any evidence in the said notice, without ticking off the relevant limb, has been filed before us. In these circumstances, in the interest of justice, we remit the issue to the file of the ld.CIT(A). The ld.CIT(A) is directed to examine the assessee s claim that the relevant limb in the penalty notice about the charge against the assessee was not specifi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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