2019 (3) TMI 1397

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.....G. Pansari, DR ORDER PER N.K. PRADHAN, AM This is an appeal filed by the assessee. The relevant assessment year is 2010-11. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-28 Mumbai [in short 'CIT(A)'] and arises out of the levied penalty u/s 271(1)(c) of the Income Tax Act 1961, (the 'Act'). 2. The grounds of appeal filed by the assessee read as u....

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....of the case and in law, the Ld. CIT(A) erred in confirming the levy of penalty under section 271(1)(c) of the IT Act even when the penalty was initiated in the assessment order for 'furnishing inaccurate particulars' and levied in the penalty order for 'wilful concealment. 5. In the facts and circumstances of the case and in law, the Ld. CIT(A) erred in confirming the levy of pena....

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....ome accounted short of Rs. 97,129/-. 4. The Ld. counsel of the assessee begins with the 3rd ground of appeal. It is stated by him that in the notice u/s 274 r.w.s. 271 of the Act for the impugned assessment year, the inappropriate words and paragraphs have not been deleted as is evident from the fact that both " concealed the particulars of your income and furnished inaccurate particulars of su....

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....26.03.2013, the AO has initiated the penalty for filing inaccurate particulars of the income (para 11 of the order), whereas in the penalty order dated 30.09.2013, he concluded with levy of penalty for concealment of income. In CIT vs. Samson Perincherry (ITA No. 953, 1097, 1154 & 1226 of 2014), the Hon'ble Bombay High Court held: "Therefore, the satisfaction of the Assessing Officer w....