TaxTMI 
TaxTMI 
2018 (7) TMI 1250
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....additional ground of appeal, since adequate opportunity was ought to be given to the AO under the doctrine of natural principles of justice? 2. In the light of the facts and circumstances, was the Ld. CIT(A) correct in allowing the additional ground of appeal is purely legal, since the additional ground of appeal involved examination of material evidence and also of appraisal of facts, for which the A. O's opinion should have been solicited? 3. The Ld. CIT(A) erred in allowing the appeal of the assessee that he was not appraised of the charge he was facing given the charge was amply clear and the assessee did not contest the charge on which the penalty was being levied at any point during the proceedings? 4. Any other grounds that....
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....s 143(3) of the I. T. Act. On verification of the books of accounts and impounded material and information furnished by the assessee, it was noted that though the assessee admitted additional income of Rs. 4, 21, 38, 038/-, he had filed the return of income admitting income of Rs. 4, 21, 48, 620/- after considering all the heads of income. When the same is put to the assessee, he has filed a revised statement with details of working of his income under various heads are reworked and assessment was completed as under : Computation of Taxable Income (Rs. ) I Income from salary 1, 25, 000 II Income from Business 12, 78, 967 III Income from House Property 12, 51, 493 IV Income from Long Term Capital Gains 28, 44, 029 V ....
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....d by the Ld. CIT(A). 6. We have heard both the sides, perused the records and gone through the orders of the authorities below. The only issue for consideration before us is whether the Ld. CIT(A) is correct in admitting the additional ground raised by the assessee and cancelling the penalty levied by the AO. In this case, the AO has initiated the penalty proceedings by issuing notice dated 31. 05. 2016 and the assessee has filed a reply. After considering the reply, the penalty of Rs. 10, 29, 360/- was levied on the ground that the assessee has concealed the income assessable to tax and also furnished inaccurate particulars of his income. The assessee had challenged the very same notice issued by the AO dated 31. 05. 2016 on the ground th....
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....or between the two, as in the present case. This ambiguity in the show-cause notice is further compounded presently by the confused finding of the Assessing Officer that he was that the assessee was guilty of both. We are therefore of the opinion that the order under appeal does not brook interference on any ground. We find no question of law, much less a substantial one, arising for consideration warranting admission of this appeal. The appeal is accordingly dismissed" Respectfully following the above decisions rendered by the jurisdiction High Court, having regards to the facts, the penalty proceedings initiated by the Assessing Officer is treated as invalid. Hence, the appellant succeeds on this ground. " The coordinate Bench of the....