2022 (1) TMI 80

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.... penalty u/s. 271(1)(c) is vague and thus vitiates the penalty proceedings. 3. The ld. AR for the assessee had submitted that the additional ground raised by the assessee is required to be allowed, being legal in nature. 4. Per contra, the ld. Departmental Representative (DR) has no objection for admitting the ground. 5. We have heard the rival contentions of the parties and perused the material available on record and the reasons given in the application for admitting the additional ground. Admittedly, the additional ground raised by the assessee is a legal ground and no fresh document/record is required to be referred or placed on record. 6. Considering the totality of facts, we admit the additional ground. The additional ground raised by the assessee is hereby admitted. 7. At the outset, the ld. AR for the assessee has submitted that the additional ground raised by the assessee goes to the root of the matter and the same is required to be adjudicated by the Bench. Our attention was drawn at page no. 1 of the Paper Book (PB) where the notice dated 15.12.2017 is placed. It was contentions of the ld. AR that the notice dated 15.12.2017 is non-speaking, cryptic and ha....

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....cted and out of a claim which is not bonafide, the appellant company is liable for penalty u/s. 271(1)(c) of the Act." and had further submitted that the requirement of mens rea is not essential for the purpose of imposing the penalty, once the assessee was found by the AO that the assessee has filed inaccurate particulars of income then levy of penalty is automatic. 10. We have heard the rival contention of the parties and perused the material available on record. 11. Firstly, we will deal with the additional ground raised by ld. AR for the assessee. Admittedly, the notice dated 15.12.2017 provides as under: 12. If we look into the notice, either there was no ticking of either of the clause or there was ticking of one of the clause. If we assume that the AO while issuing the notice for penalty has imposed the penalty on account of furnishing inaccurate particulars of income and not concealing the particulars of income. In that case if we look into para 6 of Penalty order, it is abundantly clear that the AO had imposed the penalty for concealing the income and furnishing the inaccurate particulars of income. Further, if we look into the order passed by CIT(A), the CIT(A....

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....274 के अधीन सूचना NOTICE UNDER SECTION 274 READ WITH SECTION 271 OF I.T.N.S. 29 THE INCOME TAX ACT, 1961 DCIT - 10(3)(2)/SCR- S4 /Pg-15 Rs.2017-18 सेवा में / PAN: AABCP9916A To, M/S PAL SYNTHETICS PVT LTD. 41. PAL HOUSE, MAROL CO-OP INDL. ESTATE, ANDHERI (E) MUMBAI-400057 चूंकि का निर्धारण वर्ष आयकर कार्यालय / Office of the Dy. Commissioner of Income Tax-Circle 10 (3) (2), Mumbai R.No. 509, Aayakar Bhawan, M.K. Road, Mumbai 400020 तारीख / Daled 25.12.2017 PEN-20/Pg. 33 /2017-18 PENALTY U/S 271 (1) (c) of IT. Act, 1961 के संबंध में मेरे यहां होने वाली कार्रवाई के दौरान मुझे प्रतà¥....

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....­à¤¾à¤°à¤¤à¥€à¤¯ आयकर अधिनियम 1922 की धारा 22(4) / 23123 या आयकर अधिनियम, 1961 की धारा 142111/243 (2) के अधीन दी गई हुमना में. • Have without reasonable cause failed to comply with a notice tonder Section 22/40/23 (2) of the Indian Income tax Acy का अनुपालन नहीं किया है। 1922 or under Section 142(1) / 143 (2) of the Inomce Tax Act, 1987 No • अपनी आय के औरे दिए लिए है have Concealed the particulats of your income or आपसे द्वारा सूचित किया जाता है कि में उपस्थ....