2016 (11) TMI 438

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....y : Shri Durai Pandian, JCIT ORDER Per S. Jayaraman, Accountant Member This appeal of the assessee is against the order of the Commissioner of Income Tax (Appeals) - 12, Chennai, dated 13.02.2015, wherein the Ld. CIT(Appeals) confirmed the penalty levied by the Assessing Officer under Section 271(1)(c) of the Income-tax Act, 1961 (in short 'the Act') for non-pursuing of the appeal....

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....r Section 271(1)(c) of the Act. He levied penalty under that section for having furnished inaccurate / false particulars of income and the concealment of income to the tune of Rs. 27,95,029/-. 3. Aggrieved against the penalty order, the assessee filed an appeal before the erstwhile CIT(Appeals)-III, Chennai and consequent to the jurisdictional change, the Ld. CIT(Appeals) - 12, Chennai, confirm....

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....ing penalty u/s 271(1)(c) of the Act was passed out of time, invalid, passed without jurisdiction and not sustainable both on facts and in law. (4) The CIT(Appeals) erred in dismissing the appeal in limini for the reasons stated from para 5 to para 5.5 of the impugned order without assigning proper reasons and justification and ought to have appreciated that the order passed in gross viol....