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TMI Blog2024 (10) TMI 1646X X X X Extracts X X X X X X X X Extracts X X X X ..... e : Shri Ramnath P. Murkunde. ORDER PER S.S. GODARA, JM : These twin assessees' appeals ITA No. 182/PUN/2024 and ITA No. 685/PUN/2024 for AY 2017-18, arises against the NFAC, Delhi's as many lower appellate orders passed in Din & Order No. ITBA/NFAC/S/250/2022-23/1043861206(1), dated 15.07.2022 and No. ITBA/NFAC/S/250/2023-24/1060578619(1), dated 06.02.2024 in proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ena Estate Pvt. Ltd. Vs. CIT (2024) 158 taxmann.com 341 (Bom.) that the assessees' instant technical argument is not maintainable at this stage since both of them have failed to highlight exact prejudice caused to them in the lower appellate proceedings. 4. We find no merit in the Revenue's above stated submissions as this tribunal's recent coordinate bench's order in the second assessee herein M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... instant issue is no more res integra in light of the hon'ble jurisdictional high court recent decision in M/s. Veena Estate Pvt. Ltd. Vs. CIT (2024) 158 taxmann.com 341 (Bombay) rejecting a similar plea in section 260A proceedings. Mr. Murkunde further sought to buttress the point that the learned lower authorities have duly considered the assessee's explanation(s) in the penalty order as well as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ional substantial question of law in section 260A proceedings whereas the law regarding the tribunal's jurisdiction to entertain such a pure question of law, not requiring any further detailed investigation on facts, is already settled in NTPC Ltd. Vs. CIT (1998) 229 ITR 383 (SC). That being the case, we are of the considered view that going by the foregoing judicial precedent, this tribunal is ve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty orders in both these cases have not specified the relevant limb u/s. 270A(a) to (f) in very terms. We thus delete the impugned penalty in both these assessees cases therefore on the very analogy. 6. All other pleadings on merits in the instant twin appeals stand rendered academic. 7. These twin assessees as many appeals are allowed. A copy of this order be placed in the respective case fil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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