2024 (3) TMI 1121

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.... Revenue : Shri Manish Mehta ORDER PER SATBEER SINGH GODARA, J.M. : These assessee's three appeals, arise against the National Faceless Appeal Centre [in short the "NFAC"] Delhi's as many Din and Order Nos.ITBA/NFAC/S/250/2022-23/1044988054(1); 1044988235(1) and 1044988211(1); all dated 27.08.2022, involving proceedings u/s. 271(1)(c) [for A.Y.2016-2017]; and sec.270A [for latter A.Ys. 20....

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....rst and foremost assessment year 2016- 17 had concluded that the assessee's bogus claim under sec. 80C deduction(s) is an instance of "furnishing inaccurate particulars of income" in para-iii pages 7 to 8 in the NFAC's order. Whereas it's impugned discussion in para. 7.9 onwards holds it as a fit case for confirming the impugned penalty after having found the assessee having concealed his taxable ....

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....ty(ies) in assessee's case going by sec. 270A(8) on one hand; whereas they nowhere specify the corresponding limb(s) of "under-reporting of income in consequence of any mis-reporting" thereof; as prescribed subsec.( 9) containing (a) to (f) clauses. Faced with this situation, I adopt stricter interpretation as per Commissioner of Customs (Imports), Mumbai vs. Dilip Kumar And Co. & Ors. [2018] 9 SC....