JSL MEDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI
Income Tax Appellate Tribunal, DELHI BENCHES: F : NEW DELHI
Before: SHRI ANUBHAV SHARMA & SHRI KRINWANT SAHAYAssessment Year: 2012-13 Assessment Year : 2012-13
PER ANUBHAV SHARMA, JM:
These are appeals preferred by the assessee against the orders dated
15.12.2016 and 21.10.2019 of the Commissioner of Income-tax (Appeals)-5,
Delhi (hereinafter referred to as the ld. First Appellate Authority or ‘the Ld.
FAA’ for short) in Appeals No.Del/CIT(A)-5/0019/2015-16 and Del/CIT(A)-
5/0037/18-19 arising out of the appeals before it against the orders dated
21.03.2015 and 27.03.2018 passed u/ss 143(3) and 271(1)(c) of the Income Tax
Act, 1961 (hereinafter referred as ‘the Act’) by the DCIT, Circle-13(1), Delhi
2
and ACIT, Circle-13(2), Delhi (hereinafter referred to as the Ld. AO), respectively.
At the time of hearing, it was stated at the bar by the ld. counsel appearing for the assessee that the assessee is not contesting the appeal in ITA No.1004/Del/2017 on account of instructions from the client and with regard to ITA No.9650/Del/2019, the ld. counsel primarily contended that the penalty order is vitiated for the reason that notice dated 31.03.2015 issued u/s 271 of the Act was not in accordance with the law requiring specific indication of the limb under which the notice has been issued. It was submitted that the notice was issued on account of concealment as well as furnishing of inaccurate particulars. In this regard, on the basis of the copy of notices on record, the ld. DR could not defend the notice. However, it was submitted by the ld. DR that it is a mere technical ground. But, what we find is that when the penalty order was passed in para 6 also, the AO has not given a specific and conclusive finding as to if the cause of action for imposing penalty was concealment of income or furnishing of inaccurate particulars of income. As a matter of fact, on the basis of assessment order, it comes up that on the basis disallowance the return income was disturbed and a conclusion was drawn that the assessee has furnished inaccurate particulars for which proceedings u/s 271(1)(c) of the Act were initiated. Going through the impugned penalty order, we find that there is not a word as to what inaccurate particulars of the assessee led to the disallowance. 3
Rather, the disallowance seems to have been for lack of evidence. Thus, we are of the considered view that the notice issued to levy penalty is not in accordance with the law. Reliance can be placed on Hon’ble Delhi High Court decision in Pr. Commissioner of Income Tax Vs Modi Rubber Ltd. No.ITA 258/2019 order dated 06.10.2023. Even otherwise, there is no justification for imposing the penalty by alleging assesse furnished incorrect particulars where the conclusion for making disallowance is lack of evidence.
Accordingly, the appeal in ITA No.9650/Del/2019 of the assessee is allowed. The impugned penalty is deleted. ITA No.1004/Del/2017 is dismissed as ‘not pressed.’
Order pronounced in the open court on 28.08.2025. (KRINWANT SAHAY)
JUDICIAL MEMBER
Dated: 28th August, 2025. dk