2026 (1) TMI 76

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....: Sh. Om Parkash, Sr. DR ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the assessee against the order dated 05.06.2025 of the Ld. National Faceless Appeal Centre (NFAC) Delhi, (hereinafter referred as Ld. First Appellate Authority or in short Ld. 'FAA') in DIN & Order No : ITBA/NFAC/S/250/2025-26/1076737706(1) arising out of the penalty order dated 22.02.2022 u/s 270A of the I....

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....d' his income in consequence of misreporting within meaning of Section 270A of the Act penalty proceedings u/s 270A of the Act were initiated for under reporting of income in consequence of misreporting. 3. Ld. Counsel has filed before us the notice of penalty issued u/s 274 r.w.s 270A of the Act available at page No. 19 where assessee was called upon show caused for allegation that assessee 'u....

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.... apparent variance and divergence in the grounds for initiating the penalty, as to violation for which notice was actually issue and the one for which penalty is actually levied. We are of considered view that if proceedings were initiated invoking subsection (8) of Section 270A of the Act, which is an aggravated form of fiscal violation and notice is for lighter form, then the penalty could not h....