2019 (5) TMI 1318

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....: Sh. Ashwani Kumar, CA For the Revenue : Sh. Manjit Singh, CIT DR ORDER PER SANJAY GARG, JUDICIAL MEMBER: The present appeals have been preferred by the different assessees against the separate orders dated 7.12.2017 of the Commissioner of Income Tax (Appeals)-5, Ludhiana [hereinafter referred to as CIT(A)]. 2. Since the appeals having common issues involved were heard together, th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... assessee has submitted that the penalty u/s 271AAB of the Act levied by the Assessing Officer was void abinitio because he has not taken the prior approval under section 274(2) of the Act, which was accorded vide letter no. 1036 dt. 30/09/2016 while the penalty order was passed by the Assessing Officer on 29/09/2016 i.e; prior to taking the approval from the Additional CIT, Central Circle, Range ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....issioner or Deputy Commissioner, where the penalty exceeds twenty thousand rupees, except with the prior approval of the Joint Commissioner." 8. From the above provisions contained in section 274 of the Act, it is crystal clear that the penalty under section 271AAB of the Act, which falls in Chapter XXI of the Act shall not be imposed by the Assessing Officer until and unless prior app....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ter No.' and 'Date' had been left blank in the penalty order which have been filled with pen on receipt of said approval letter and the date mentioned falls after the date of pronouncement of impugned penalty order. Therefore, the penalty order passed by the Assessing Officer for levying the penalty under section 271AAB of the Act is void abinitio. In that view of the matter the impugned penalt....