2026 (5) TMI 539

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....arg, Adv For the Respondent : Ms. Ankush Kalra, Sr. DR ORDER PER YOGESH KUMAR, U.S. JM: The present appeal is filed by the Assessee against the order of Ld. Commissioner of Income Tax (Appeals)-XXV, New Delhi, ('Ld. CIT(A)' for short), dated 08/05/2018 for the Assessment Year 2013- 14. 2. Brief facts of the case are that, a reference was received by the A.O. vide letter dated 11/09/....

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....e of PCIT Vs. Turner General Entertainment Network India Pvt. Ld.-[2024] 168 taxmann.com 634 (Del), sought for allowing the Appeal. 4. Per contra, the Ld. DR relying on the orders of the Lower Authorities sought for dismissal of the Appeal. 5. We have heard both the parties and perused the material available on record. In the present case, the penalty has been proposed by the Assistant Commi....

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....the ACIT acting on the said recommendation. The Court held that the starting point would be the 'initiation' of penalty proceedings. Given the scheme of Section 275(1)(c) it would be the date on which the AO wrote a letter to the ACIT recommending the issuance of the SCN. While it is true that the ACIT had the discretion whether or not to issue the SCN, if he did decide to issue a SCN, the....