2021 (7) TMI 721

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....h the appeals by a consolidated order but for the sake of reference refer to the facts for A.Y. 2006-07. 3. The relevant facts as culled from the material on records are as under: 4. Assessee is a company. AO has noted that action under section 132 of the Act was carried in the case of Gee Ispat Group of cases and accordingly a notice u/s. 153A was issued on 08.11.2010 and in response to which assessee filed return of income on 08.12.2010 declaring Nil income. Thereafter the case was taken up for scrutiny and assessment was framed u/s. 153A/143(3) of the Act vide order dated 29.12.2011 and the total income was determined at Rs. 8,48,92,299/- by making additions of Rs. 8,62,50,000/- on account of receipt of share application money and Rs. ....

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....not lead to penalty u/s. 271(1)(c) inspite of the explicit provisions for the same." 2. "Whether the CIT(A) was correct in ignoring the notice u/s. 271(1)(c) r.w.s. 274 specifically mentioning that it appears that the assessee have concealed particulars of income or furnished inaccurate particulars of income in terms of explanation 1, 2, 3, 4 & 5 and just relying on the para 3 of the order wherein it was mentioned that the assessee has concealed his income by furnishing inaccurate particulars of income which could be a merely a typo error or a statement unintended to water down the actual notice at all and thus ignoring the root notice and relying on a general statement of English in granting relief to the assessee and also ignoring the p....

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....he appellant craves leave, to add, alter or amend any ground of appeal raised above at the time of the hearing." 6. On the date of hearing, none appeared on behalf of the assessee nor any adjournment application was filed. The case file further reveals that there was no appearance on behalf of the assessee even in the past. In such a situation, we proceed to dispose of the appeal ex parte qua the assessee after considering the material on record and after hearing the DR. 7. Before us, Learned DR submitted that though various grounds have been raised by the Revenue but the solitary issue is deletion of penalty u/s. 271(1)(c) by CIT(A). Before us, Learned DR supported the order of AO. 8. We have heard the Learned DR and perused the materia....