ASHISH KUMAR GUPTA,DELHI vs. ITO,WARD- 61(1), DELHI

Heard both the parties. Case files perused.

It emerges at the outset during the course of hearing that both the learned lower authorities have held the assessee to have furnished it’s inaccurate particulars of income to levy section 271(1)(c) penalty(ies) in question amounting to Rs.41,86,460/-; Rs.46,88,240/- and Rs.6,62,805/- for assessment years 2007-08, 2008-09 & 2009-10 vide Assessing Officer’s orders dated 29.05.2023 and 30.05.2023; respectively, which stand upheld in the CIT(A)’s detailed lower appellate discussion.

The assessee has first of all sought to raise his additional ground(s) that once the learned Assessing Officer had admittedly issued his as many penalties show- cause notices u/s 271(1)(c) r.w.s. 274 of the Act not specifying any specific limb as to whether the assessee had concealed or furnished inaccurate particulars of taxable income, thereunder, his failure to this effect vitiates the entire proceedings. The Revenue on the other hand has vehemently objected to admission of the assessee’s instant additional ground at this belated stage. I am of the 2 | P a g e considered view that hon’ble apex court landmark decision in National Thermal Power Co. Ltd. Vs. CIT (1998) 229 ITR 383 (SC) has settled the issue long back in assessee’s favour and against the department that the tribunal could very well entertain such an additional ground to determine correct tax liability provided all the relevant facts forming part of the record. It is made clear that the Revenue has nowhere disputed the contents of the learned Assessing Officer’s show-cause notice dated 30.03.2015 herein.

Faced with this situation, I admit the assessee’s instant additional ground and quote PCIT Vs. Sahara India Life Insurance Co. Ltd. (2021) 432 ITR 84 (Del.) and PCIT Vs. Gopal Kumar Goyal (2023) 153 taxmann.com 534 (Del.) to conclude that once the learned Assessing Officer has not specified the corresponding limb in his penalty show- cause notice forming part of the case records, his failure to this clinching effect indeed vitiates the penalty(ies) proceedings itself. Ordered accordingly.

All other pleadings on merit in the assessee’s instant three appeals stand rendered academic.