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TMI Blog2018 (7) TMI 2366X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Sunil Talati, A.R. ORDER PER PRADIP KUMAR KEDIA - AM: The captioned appeal has been filed at the instance of the Revenue against the order of the CIT(A)-4, Ahmedabad ('CIT(A)' in short), dated 8t h September, 2015 arising in the penalty order dated 13.06.2014 passed by the Assessing Officer (AO) under s. 271(1)(c) of the Income Tax Act, 1961 (the Act) concerning assessment year 2011- 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... capital gains arising on sale of certain immovable property. However, a perusal of the penalty order dated 13.06.2014 passed under s. 271(1)(c) of the Act shows that the AO has shifted from its original satisfaction and imposed penalty for default committed on account of filing 'inaccurate particulars of income' with reference to long term capital gains. Therefore, there is a definite change in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is thus ostensible that findings recorded by the CIT(A) show that penalty has been confirmed on a different premise and the original satisfaction for imposition of penalty has been altered or modified by the appellate authority. In such circumstances, where the original basis of imposition of penalty has been altered in a significant way by the first appellate authority, the very basis for sustai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been taken by the Coordinate Bench of the Tribunal in Gian Chand Batia vs. DCIT 61 ITD 24(All.). Therefore, where concurrent I.T.authorities are not sure about nature of default, the penal action under s.271(1)(c) of the Act is not sustainable in law. 9. Consequently, the penalty order of the AO dated 25/11/2013 is set aside and penalty imposed thereby is cancelled." 6. Since the imposition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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