2025 (8) TMI 146

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...., 1961 (hereinafter referred as 'the Act') by the National Faceless Assessment Centre, Delhi for Assessment Year 2015-16. 1.1 The assessee has raised the following grounds: "1. Without prejudice to other grounds, and with due respect, the learned Assessing Officer erred in levying a penalty of Rs. 15.06 Lacs on the amount of addition i.e Rs. 50.19 lacs as mere Rejection of the explanation/contention raised by the assessee company cannot lead to the conclusion that there has been any concealment of material facts. 2. With due respect, the learned Assessing Officer erred in levying a penalty of Rs. 15.06 Lacs on the amount of addition i.e Rs. 50.19 lacs on account of non-deduction of TDS. On the facts and in the circumsta....

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....lowance of a debatable claim itself does not lead to an inference of concealment or furnishing of inaccurate particulars of income. 6. Without prejudice to other grounds, and with due respect, the learned Assessing Officer erred in levying a penalty of Rs. 15.06 Lacs on the amount of addition i.e. Rs. 50.19 lacs as the mere fact that the assessee firm has not filed appeal with the Tribunal against the orders of the AO/CIT(A) in will not render the provisions of section 271(1)(c) of the Act applicable to the case 7. Without prejudice to other grounds, and with due respect, the learned Assessing Officer be directed to stay the demand and immediately stop recovery proceedings till disposal of this appeal given the ground ment....

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....there was no formal agreement) Both, the Assessee as well as the Department accepted the order of CIT(A) and did not appeal against the order of CIT(A). However, the department after 3 years, passed an order of penalty against the Assessee u/s 271(1)c for concealment of income/furnishing inaccurate details on the reduced amount of addition. 3. Now what we find is that as a matter of fact, during the course of assessment itself, relevant Form 15CAs were duly filed wherein assessee had explicitly mentioned relevant provisions of the Income Tax Act and relevant DTAAs as the reasons for non-deduction of TDS on the aforesaid expense amounts remitted from India. This considered view was further corroborated on the basis of Certificates in Form....