TaxTMI 
TaxTMI 
2022 (4) TMI 151
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....rred on facts and in law in cryptically confirming penalty of Rs. 2,00,42,898 levied by the assessing officer vide order dated 12.03.2013 passed under section 271(1)(c) of the Income Tax Act, 1961 ('the Act') ['penalty order']. 2. That the CIT(A) erred on facts and in law in not quashing the penalty order even though the same was barred by limitation in terms of section 275(a) of the Act. 2.1 That the CIT(A) erred on facts and in law in holding that the penalty order was passed within time limit prescribed under the section 275(1A) of the Act, without appreciating that the said section only provides enhanced time to modify existing order and do not provide time limit to pass a fresh order. 3. That ....
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....een initiated vide notice under section 271(1)(c)/274 of the Act without any specific charge, hence, the said notice and the order passed under section 271(1)(c) of the Act are illegal, bad in law and without jurisdiction. Ground 8: That satisfaction recorded/charge levied while completing the assessment, and while levying the penalty are vague and general and hence the notice issued under section 274 of the Act, and the order passed under section 271(1)(c) of the Act are illegal, bad in law and without jurisdiction. Ground 9: That the levy of penalty is illegal, unjust and not in accordance with law as the mandatory requirements of Section 271(1)(c) have not been met in the instant case. Ground 10: That the said ....
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....-tax (Appeals). Both the assessee as well as the Department have a right to file an appeal/cross-objections before the Tribunal. We fail to see why the Tribunal should be prevented from considering questions of law arising in assessment proceedings although not raised earlier. 6. In the case of Jute Corporation of India Ltd. v. C.I.T.. this Court, while dealing with the powers of the Appellate Assistant Commissioner observed that an appellate authority has all the powers which the original authority may have in deciding the question before it subject to the restrictions or limitations, if any, prescribed by the statutory provisions. In the absence of any statutory provision, the appellate authority is vested with all the plenary po....
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....ld not be allowed to be raised when it is necessary to consider that question in order to correctly assess the tax liability of an assessee. 8. The reframed question, therefore, is answered in the affirmative, i.e., the Tribunal has jurisdiction to examine a question of law which arises from the facts as found by the authorities below and having a bearing on the tax liability of the assessee. We remand the proceedings to the Tribunal for consideration of the new grounds raised by the assessee on the merits." 5. Respectfully following the above judgment of the Hon'ble Apex Court, the additional grounds taken up by the assessee are hereby admitted. 6. We find that the page no. 2, the Assessing Officer has mentioned "penalty....