2019 (1) TMI 1203

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....PER PARTHA SARATHI CHAUDHURY, JM : This appeal preferred by the assessee emanates from the order of the Ld. CIT(Appeals)-12, Pune dated 08.09.2016 for the assessment year 2006-07 as per following grounds of appeal on record: "1. On the facts and in the circumstances of the case and in law, the Lower Authorities have erred in levying the penalty of Rs. 19,033/- by invoking the provision....

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.... order at para 7, the Assessing Officer writes " I am satisfied that the assessee has without any reasonable cause, furnished an inaccurate particulars of income and thereby concealed her income ...........". The Ld. AR vehemently argued that the limb in which penalty u/s.271(1)(c) has to be imposed, is not clear and the Assessing Officer is ambiguous that on which limb penalty has to be levied on....

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.... the AO and on the issue satisfaction recorded by the AO for initiating of the penalty proceedings u/s.271(1)(c) of the Act is relevant for extraction, therefore, the same is reproduced as under : "06. ....Since the income of Rs. 2,18,300/- is declared by the assessee as result of search action, the assessee has concealed the particulars of such income within the meaning of Explanation 5A....

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....me of levying penalty, the Assessing Officer mentioned both the limbs of clause (c) of section 271(1) i.e. furnished inaccurate particulars of income and thereby concealed her income. This manner of recording of satisfaction suggests the existence of ambiguity with reference to applicability of specific limb. Therefore, we are of the opinion that considering the above referred binding judgments....