TaxTMI 
TaxTMI 
2024 (10) TMI 742
X X X X Extracts X X X X
X X X X Extracts X X X X
...., Advocate, Shri Nilay Jhaveri, Advocate For the Revenue : Shri Dharm Veer Singh, CIT DR ORDER PER S.RIFAUR RAHMAN, AM: The assessee has filed appeal against the order of the Learned Commissioner of Income Tax (Appeals), Delhi ["Ld. CIT(A)", for short]/National Faceless Appeal Centre (NFAC) dated 31.03.2023 for the Assessment Year 2014-15. 2. Brief facts of the case are, the Assessing Officer....
X X X X Extracts X X X X
X X X X Extracts X X X X
....essee is in appeal before us raising various grounds. 5. At the outset, ld. Counsel for the assessee began with an additional ground which read as under :- "On the facts and circumstances of the case and in law, the ld. CIT (A) failed to appreciate that initiation of penalty proceedings was bad in law inasmuch as the limb under which the proceedings have been initiated was not specified in the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....t of Hon'ble Bombay High Court in the case of Mr. Mohd. Farhan A. Shaikh vs. ACIT 434 ITR 1 (Bom)(FB) and Hon'ble Delhi High Court in PCIT vs. Sahara India Life Insurance Co. Ltd. 432 ITR 84 (Del.) & Pr. CIT vs. Gopal Kumar Goyal (2023) 153 taxmann.com 534 (Delhi), ld. Counsel for the assessee pleaded that the penalty order is liable to be quashed. 9. On the other hand, ld. DR for the Revenue obj....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the assessment order or penalty order cannot cure fatal short-coming. When the charge has not been specified in the notice, it is an omnibus notice. In such circumstances, Hon'ble jurisdictional High Court in the case of PCIT vs. Sahara India Life Insurance Co. Ltd. 432 ITR 84 (Del.) has held that the penalty order passed is liable to be quashed on account of this defect which is fatal. We furthe....