9911796707
TMI Blog2024 (7) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... d satisfaction u/s 271(1B) holding that the assessee has furnished inaccurate particulars of income towards such additions - as argued penalty has been imposed on a different premise than the original satisfaction derived for imposition of penalty - HELD THAT:- The ground for initiation of action by the AO under Section 271(1)(c) was allegation of furnishing of inaccurate particulars of income . T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainable in law. Appeal of the assessee is allowed. - Shri Pradip Kumar Kedia, Accountant Member For the Applicant : None For the Respondent : Shri Om Prakash, Sr.DR ORDER PER PRADIP KUMAR KEDIA - A.M.: The captioned appeal has been filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre (NFAC), Delhi [ CIT(A) in short] dated 12.02.2024 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... towards such additions. It is further seen that the AO has however eventually imposed penalty on the ground that assessee has concealed the particulars of income . Apparently, the basis and foundation in imposition of penalty has been altered by the AO himself. The penalty has been imposed on a different premise than the original satisfaction derived for imposition of penalty. 5. Needless to say, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TD 24 (All.). Therefore, where the AO is not sure about the nature of default and has confirmed the penalty on an altogether different ground than for which satisfaction under Section 271(1B) was formed, the penal action under Section 271(1)(c) of the Act is not sustainable in law. 7. Consequently, the penal order passed by the AO dated 17.02.2017 is set aside and the penalty imposed thereby is ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
