TaxTMI 
TaxTMI 
2023 (4) TMI 677
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.... Singh, Sr. DR, Sh. Kanv Bali, Sr. DR ORDER PER ANUBHAV SHARMA, J. M.: 1. The appeal has been preferred by the Assessee against the order dated 07.06.2019 of Ld. Commissioner of Income Tax (Appeals)-12, New Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. 'FAA') in appeal No. 42/18-19 arising out of an appeal before it against the penalty order dated 28.06.2018 passe....
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.... same are not allowable and as the Assessee had not preferred appeal against the assessment order passed u/s 143(3) of the Act a penalty of Rs. 2,26,918/- to the extent of 100% of the tax sought to be evaded was levied and the ld CIT(A) had sustained the same while passing the impugned order. 3. As the case was called for hearing an application was filed on behalf of the Assessee and informed tha....
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....w at the outset due to an invalid notice, the subsequent levy of penalty by the A.O. suffered due to lack of jurisdiction and was therefore required to be quashed. 4. Without prejudice to the grounds already raised, the Ld. CIT(A) has erred in confirming the penalty u/s 271(1)(c ) of the Act on an issue which was not only debatable, but in respect of which complete details had been furnished at ....
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....what he found was furnishing inaccurate particulars. It was submitted that the orders passed by the ld Tax Authorities below specifically clarified that penalty proceedings were conducted for furnishing inaccurate particulars. 8. Giving a thoughtful consideration to the submission and to the matter on record it can be observed that the copy of penalty notice available at page NO. 5 of the paper b....