2023 (4) TMI 802

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....d to as "the Act" for short]for the Asst.Year 2015-16 vide which the ld.CIT(A) confirmed action of the AO in imposing penalty under section 271(1)(c) of the Act. 2. The grounds raised are as under: i) The learned CIT(A) has erred in law and on facts in confirming action of AO in initiating and levying penalty under section 271(l)(c) of the Act without recording mandatory satisfaction as contemplated under the Act at the time of framing the assessment for the year under consideration. ii) The learned CIT(A) has erred both in law and on the facts of the case in confirming the penalty of Rs.38,44,406/- levied u/s 271(l)(c) of the Act. iii) In any case, the impugned penalty order is barred by limitation and thus wi....

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....rs of the Revenue authorities. We have also gone through the order of the ITAT in the quantum appeal of the assessee dated 13.10.2021 (supra). We find that in the quantum appeal the assessee has raised the following grounds challenging the addition, based on which the Revenue authorities have imposed penalty under section 271(1)(c) of the Act. "1. The Ld. A. O. has erred in law and on facts computing income of Rs.24,40,300/-even though the appellant has provided all necessary explanations and details during the assessment proceedings. 2. The Id. AO has erred in law in expanding the limited scrutiny to complete scrutiny by going beyond the issue of verification by mismatch and expanding the scope of changing the head of inc....

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....ther called any remand report from the Assessing Officer on the objection of the assessee regarding taking of approval from higher authority for converting limited scrutiny to the detailed scrutiny nor the Id. CIT(A) has given detailed reason along with the points for determination of his decision as prescribed in section 250(6) of the I.T. Act. Therefore, we are of the view that it would be appropriate to restore this case of the assessee to the file of the Id. CIT(A) for adjudicating afresh after obtaining report from the Assessing Officer as discussed supra in this order. Therefore, we restore this case to the file of the Id. CIT(A) for adjudicating afresh as directed above. Accordingly, this gerund of appeal of the assessee is allowed f....