TaxTMI 
TaxTMI 
2025 (3) TMI 229
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.... For the Respondent: Mr Prakash Shah with Jas Sanghavi, Suyog Bhave i/b PDS Legal,. PC:- 1. Heard learned Counsel for the parties. 2. This Appeal concerns the Assessment year 2010-2011. 3. Mr Suresh Kumar, learned Counsel for the Appellant, proposes the following substantial questions of law:- "a) Whether on the facts and circumstances of the case and in law, the Hon'ble ....
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....the I.T. Act, 1961 by holding that the penalty notice issued u/s 274 r.w.s 271 (1) (c) of the Act suffers from non- application of mind as the limb for initiation on the penalty has not been mentioned by the AO in the penalty notice, without appreciating that as per Provision of Section 292B of the Act, the notice will not be invalid merely by the reason of any defect or omission in the notice if ....
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....Bench has made the following observations in paragraph Nos. 180 to 183 of its decision. These observations read as follows: - "....180. One course of action before us is curing a defect in the notice by referring to the assessment order, which may or may not contain reasons for the penalty proceedings. The other course of action is the prevention of defect in the notice-and that preventio....
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....s to draw strength from each other. Nor can each cure the other's defect. A penalty proceeding is a corollary; nevertheless, it must stand on its own. These proceedings culminate under a different statutory scheme that remains distinct from the assessment proceedings. Therefore, the assessee must be informed of the grounds of the penalty proceedings only through statutory notice. An omnibus no....