2026 (6) TMI 1041

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....ir (Addl. CIT) - Ld. Sr. DR ORDER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2019-20 arises out of an order of learned Commissioner of Income Tax (Appeals), NFAC [CIT(A)] dated 20.01.2026confirming penalty u/s 270A for Rs. 32.89 Lacs as levied by Ld. AO vide penalty order dated 15.08.2025. 2. The Ld. AR advanced legal arguments as ....

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....was issued to the assessee on 24.02.2025. The assessee opposed levy of penalty, however, Ld. AO rejected the submissions of the assessee and levied impugned penalty of Rs. 32.89 Lacs for under-reporting of income in consequence of misreporting of income. The Ld. CIT(A) held the appeal to be non-maintainable for want of condonation of delay of 104 days. Aggrieved, the assessee is in further appeal ....

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....n our considered opinion, Ld. AO is bound to frame a specific charge against the assessee otherwise the penalty proceedings would be bad-in-law. This proposition finds support from the decision of Hon'ble High Court of Delhi in the case of Schneider Electric South East Asia (HQ) Pte. Ltd. (145 Taxmann.com 665) holding that wherein Ld. AO failed to specify limb of 'underreporting' or 'm....