2025 (11) TMI 1007

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....see : Sh. S. K. Matta, CA For the Revenue : Sh. S. K. Chatterjee, CIT, DR ORDER PER YOGESH KUMAR, U.S. JM: The present appeal is filed by the Assessee against the order of the Commissioner of Income Tax (Appeals)-3, Noida ['Ld. CIT(A)' for short] dated 11/06/2025 pertaining to Assessment Year 2016-17. 2. Brief facts of the case are that, the order of penalty has been passed u/s 271(....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....esent Appeal on the grounds mentioned above. 3.The Ld. Counsel for the Assessee arguing on Ground No. 1, submitted that the A.O. has not specified the limb of provision of Section 271(1)(C) of the Act in the penalty notice dated 28/12/2018, therefore, the initiation of penalty is erroneous. 4. Per contra, the Ld. Departmental Representative submitted that the subject penalty proceedings have....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....to passing of the order in quantum Appeal by the Ld. CIT(A). Thus sought for dismissal of Ground No.1 of the Assessee. 5. We have heard both the parties and perused the material available on record. It is the specific case of the Assessee, that no limb has been mentioned in the penalty notice dated 28/12/2018, therefore, the impugned penalty order does not survive in the eye of law. However, th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....#39;s Representative arguing on Ground No. 2 submitted that penalty has been imposed on estimated income and no penalty can be imposed on estimated income, thus sought for allowing Ground No.2. 7. Per contra, the Ld. Departmental Representative submitted that the penalty has been imposed both estimated income as well as other income, therefore, sought for dismissal of the Appeal. 8. We have ....