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TMI Blog2025 (1) TMI 907X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act is attracted and how the ingredient of subsection (9) of Section 270A is satisfied. In the absence of such particulars, the mere reference to the word misreporting by the Respondents in the assessment order to deny immunity from imposition of penalty and prosecution makes the impugned order manifestly arbitrary. Thus we delete the levy of penalty u/s 270A(9)(a) - Decided in favour of assessee. - Shri M. Balaganesh, Accountant Member And Sh. Yogesh Kumar U.S., Judicial Member For the Assessee : Shri Ved Jain, Adv and Sh. Ayush Garg, CA For the Revenue : Sh. Rajesh Kumar Dhanesta, Sr. Dr ORDER PER BENCH: The above captioned four appeals are filed by the Assessee against the orders of the Commissioner of Income Tax (Appeals)-24 dated0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee preferred the captioned Appeals. The Assessee has raised identical Grounds of appeal in all the four Appeals except variation in the amounts. For the sake of convenience, the Grounds of Appeals for Assessment Year 2017-18 is reproduced as under: - 1. On the facts and circumstances of the case, the order passed by the Learned Commissioner of Income Tax (Appeals) {CIT(A)) is bad both in the eyes of law and on facts. 2. On the facts and circumstance of the case, the Learned CIT(A) has erred both on facts and in laws in confirming the action of the AO levying penalty of Rs. 1,48,90,238/- invoking the provision of section 270A read with section 274 of the Income-tax Act. 3. On the facts and circumstances of the case, the learned CIT(A) has er ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble to be quashed in the absence of any valid DIN (Documentary Identification Number) mentioned in the body of the assessment order as specified in the CBDT Circular No. 19/2019. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the penalty levied by the AD for misreporting of income despite the fact that the penalty was levied without recording any satisfaction as to which limb of Section 270A of the Act is attracted and how the ingredient of sub-section (9) of Section 270A is satisfied 8. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the penalty levied despite the fact that the notice issued by AO under section 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nor in the show cause notice dated 30/09/2021 and 17/02/2021, specified on which instances the provision of Section 270A(9) has been intended to be applied by the A.O. The Ld. Counsel of the Assessee relied on following judicial pronouncements and sought for deletion of the penalty. ITAT Delhi in the case of Ujala Credit Co-Operative Society Ltd. Vs. NFAC, Delhi, 2024 (6) TMI 600, dated 12.06.2024 Delhi High Court in the case of Schneider Electric South East Asia (HQ) Pte Ltd vs ACIT in W.P.(C) 5111/2022 C.M. Nos. 15165- 15166/2022 dated 28.3.2022 Delhi High Court in the case of Prem Brothers Infrastructure LLP vs NFAC reported in 288 Taxman 768 (Del) ITAT Mumbai in the case of Saltwater Studio LLP Vs. NFAC, 2023 (6) TMI 430, dated 22.05.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isreported u/s 270A(9) in the show cause notice or in the assessment order will vitiate the order of penalty or not. The Jurisdictional High Court in the case of Schneider Electric South Asia (HQ) PTE. Ltd. Vs. ACIT, International Taxation, Circle-3 (1)(2), New Delhi and ors reported in 2022 (3) TMI 1295-Delhi held that, there is not even a whisper as to which limb of Section 270A of the Act is attracted and how the ingredient of subsection (9) of Section 270A is satisfied. In the absence of such particulars, the mere reference to the word misreporting by the Respondents in the assessment order to deny immunity from imposition of penalty and prosecution makes the impugned order manifestly arbitrary. The relevant portion of the Judgment are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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