TaxTMI 
TaxTMI 
2021 (7) TMI 16
X X X X Extracts X X X X
X X X X Extracts X X X X
.... assessee filed additional grounds raised by the assessee, which are reproduced as under: 1. That the assessee respondent craves to withdraw grounds of appeal No. 2 and 3 as preferred by the Appellant in the memorandum of appeal: "2. That the Ld. Commissioner of Income Tax (Appeals) -12, New Delhi, has erred in overlooking and in summarily rejecting the bank analysis submitted as additional evidence." "3. That the Ld. Commissioner of Income Tax (Appeals)-12, New Delhi, has erred in rejecting rectification application submitted for additional evidence." II. The assessee respondent craves leave to raise the following additional grounds of appeal before Your Honour: "1. That the Ld. CIT(A) has failed to appreciate that the Ld. As....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... beyond those incorporated in the memorandum of appeal through the party urging the said ground had neither appealed before it nor had filed a cross objection in the appeal filed by the other party, provided the relevant facts on which such ground is founded are available on record. Further, in view of the decision of the Hon'ble Supreme Court in the case of National Thermal Power Co. Ltd. v. CIT: 229 ITR 383 as also the decision in the case of Jute Corporation of India v. CIT: 187 ITR 688, the ground of appeal calls for being admitted and adjudicated on merits." 3. Briefly stated facts of the case are that scrutiny assessment of the income for the year under consideration was completed on 03/03/2015 under section 144 of the Act, i....
X X X X Extracts X X X X
X X X X Extracts X X X X
....er dated 27/06/2019. 4. Before us, the Learned Counsel of the assessee addressing the additional ground submitted that same are legal in nature and no investigation of the fresh facts are required and, therefore, same might be admitted. The Learned DR opposed admission of the additional ground and submitted that same have not been adjudicated by the Learned CIT(A). 5. We have heard rival submission of the parties on the issue of admissibility of the additional ground. We find that both grounds are purely legal in nature and all the facts in relation to the additional ground raised are already available on record and no investigation of the fresh facts is required for adjudication of these grounds. Accordingly, in view of the settled princ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the Assessing Officer in the assessment order observed as under: "4. Assessed u/s 144 (Ex-parte) at an income of Rs. 18,49,850/-. Charge interest rules. Penalty proceedings u/s 271(1)(b) and 271(1)(c) have been initiated separately. Issue necessary forms." 5.5 From the above paragraph, it can be inferred that there is no clarity of the charges for which penalty has been initiated. There is no mention, whether the penalty has been initiated for concealment of income or furnishing inaccurate particulars of income. In the notice dated 03/03/2015 for initiating penalty proceeding also the relevant part as to concealment of income or furnishing inaccurate particulars of income has not been ticked. In such circumstances, the assessee was not....