2026 (3) TMI 324

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.... Arvind Kumar Trivedi, Sr. DR ORDER PER RENU JAUHRI : The above captioned appeal is preferred by the assessee against the order dated 29.07.2025, passed by Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [for short, Ld. CIT(A)/NFAC], New Delhi u/s 250 of the Income Tax Act, 1961 [hereinafter referred to as, "Act"] for A.Y. 2016-17. 2. The assessee has raised follow....

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....sessing Officer has failed to specify in the show cause notice dated 30.03.2024 as to which of the notices against which the impugned penalty was proposed and as such, the penalty proceedings and the consequential levy of penalty becomes void ab initio. 2.2. BECAUSE specification of the notice(s) against which the penalty is proposed is sine qua non for a valid show cause notice under sec....

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.... assessment was completed u/s 147 r.w..s 144 of the Act vide order dated 30.03.2024. Penalty proceedings u/s 271(1)(b) were also initiated for non-compliance to the notices u/s 142(1) issued during the course of assessment proceedings. Subsequently, a penalty of Rs. 30,000/- was levied vide order dated 09.09.2024. 3.1 Aggrieved, the assessee preferred an appeal against levy of penalty before Ld....

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....vague, the penalty order is liable to be quashed. 5. Ld. DR on the other hand, has pointed out that the assessee had made no compliance to various notices as detailed in the assessment order and, accordingly, penalty u/s 271(1)(b) of Rs. 30,000/- deserves to be upheld. 6. We have heard the rival submissions and perused the material placed before us. It is noted that in the notice dated 30.03....