2022 (4) TMI 111

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., JM: The appeal has been preferred by the assessee against the order dated 30.10.2018 of the ld. First Appellate Authority CIT(Appeals)-12 (hereinafter referred as FAA also) u/s 250 of the Income Tax Act (hereinafter referred to as "the Act") whereby the penalty order u/s 271(1)(c) of the Act dated 08.06.2017 of the Ld. AO was upheld, while dismissing the appeal of the present assessee. 2. The ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ng the income sought to be evaded was imposed. The assessee had challenged the same and by the impugned order of 30.10.2018, the Ld. First Appellate Authority had dismissed the appeal and confirmed the penalty. 3. The assessee has preferred the present appeal primarily on the ground that the penalty was imposed on the basis of debatable issue and that the Ld. AO has not specified as to whether th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....se notice for penalty u/s 271(1)(c) of the Act, being crumbled by a verdict of this Tribunal, by deletion of additions, the penalty order alone cannot stand by its own against the assessee. Reliance in this regard can be placed on the judgement of Hon'ble Delhi High Court in the case of Principal CIT vs. Fortune Technocomps P.Ltd. vide ITA 313/2016 dated 13th May, 2016 where it has held that o....