2016 (11) TMI 1381

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....ao ORDER This is assessee's appeal for the A.Y 2005-06 directed against the order of the CIT (A)-4 Hyderabad dated 19th April, 2012 wherein the penalty order passed u/s 271(1)(c) was confirmed by the learned CIT (A). 2. After hearing the rival contentions, we find that in the notice issued u/s 271(1)(c), the charge is not specified. In other words, the AO has not specifically stated wheth....

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.... The existence of such conditions should be discernible from the Assessment Order or order of the Appellate Authority or Revisional Authority. (f) Even if there is no specific finding regarding the existence of the conditions mentioned in Section 271(l)(c), at least the facts set out in Explanation 1(A) & (B) it should be discernible from the said order which would by a legal fiction cons....

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....orities either to initiate penalty proceedings or impose penalty, unless it is discernible from the assessment order that, it is on account of such unearthing or enquiry concluded by authorities it has resulted in payment of such tax or such tax liability came to be admitted and if not it would have escaped from tax net and as opined by the Assessing Officer in the assessment order. (l) O....

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....penalty proceedings have to be initiated by the appellate authority and not the Assessing Authority. (p) Notice under Section 274 of the Act should specifically state the grounds mentioned in Section 271(l)(c), i.e., whether it is for concealment of income or for furnishing of incorrect particulars of income (q) Sending printed form where all the ground mentioned in Section 271 a....