Sharad Bhaskarrao Gaikwad, Nashik vs. Income Tax Officer, Nashik
In the result, appeal of the assessee is allowed
ITA 917/PUN/2023[2016-17]Status: DisposedITAT Pune19 Feb 2024AY 2016-17
Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.917/Pun/2023 िनधा"रण वष" / Assessment Year :2016-17 Sharad Bhaskarrao Gaikwad, The Income Tax T.No.1, Vanai Apartment, V Officer, Gangapur Road, Behind S Nashik. Kulswamini Apart, Nashik – 422005. Pan: Adspg2339R Appellant/ Assessee Respondent /Revenue Assessee By Miss Abhilasha Sanjay Pawar-Ca, Ar Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 14/02/2024 Date Of Pronouncement 19/02/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 02.05.2023 Emanating From Penalty Order Dated 17.02.2022 Passed Under Section 271(1)(C) Of The Income Tax Act, 1961 Submission Of Ld.Ar : 2. The Ld.Authorised Representative(Ld.Ar) Of The Assessee Filed Written Submission. Vide Written Submission Ld.Ar Invited Our Sharad Bhaskarrao Gaikwad [A] Attention To The Notice Dated 24.03.2021 For A.Y. 2016-17 Issued By Assessing Officer(Ao) Which Was The First Notice With Reference To The Penalty. Ld.Ar In The Written Submission Explained That Nowhere In The Notice Section 271(1)(C) Is Mentioned. Nowhere In The Notice, The Assessing Officer Has Clarified, Whether It Is For Concealment Of Income Or For Filing Inaccurate Particulars.
Section 147Section 250Section 271(1)(c)
…has not legally initiated Penalty proceedings under section 271(1)(c) of the Income tax Act 1961, as the Assessing Officer has failed to mention any section in the impugned notice. 4.3 The Hon’ble Delhi High Court in the case of CIT Vs. Rajinder Kumar Somani 125 ITR 756 (Delhi)[30-04-1980] has observed as under regarding initiation of penalty : Quote, “In the present case, unfortunately, it seems to us that the requirements of the statute have not been fulfilled. There is no direction for issue of penalty notice in the assessment order. All that the ITO has observed is that penalty proceedings are to be initiate…
