2025 (8) TMI 354

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....odiani, A.R. For The Respondent : Shri Rignesh Das, Sr. DR ORDER PER SHRI NARENDRA PRASAD SINHA, AM: This appeal is filed by the assessee against the order of the National Faceless Appeal Centre (NFAC), Delhi, (in short 'the CIT(A)'), dated 30.09.2024 for the Assessment Year 2017-18 in the matter of penalty under Section 270A of the Income Tax Act, 1961 (in short 'the Act&#....

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....eved with the penalty order of the AO, the assessee had filed an appeal before the First Appellate Authority, which was decided vide the impugned order and the appeal of the assessee was dismissed. 4. Now, the assessee is in second appeal before us. The following grounds have been taken by the assessee in this appeal: "1. Learned Commissioner (Appeals) erred in confirming penalty of Rs....

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....ught to the notice of the AO in the case of assessment proceedings. The Ld. AR further submitted that the claim for depreciation was otherwise also allowable in subsequent years and, therefore, there was no intention of the assessee to claim any excess or additional depreciation. As regarding third issue of addition of Rs. 1,67,740/- in respect of penalty charges, the Ld. AR explained that the ass....

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....levy of penalty and the AO could not have levied the penalty without initiating the penalty proceeding in respect of this addition. In the show cause notice also for the penalty as issued by the AO, no mention of penalty in respect of addition of Rs. 24,38,562/- in respect of belated payment of EPF & ESI is mentioned. Therefore, the penalty imposed in respect of this addition is liable to be quash....