PEDA SUBBA RAO UNNAM,ADDANKI vs. ITO , WARD-1, ONGOLE

In the result, the appeal filed by the assessee is allowed

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON'BLE (Accountant Member)

271(1)(c) in the assessment order itself, for both "furnishing inaccurate particulars of income" and "concealment of income." Crucially, these penalty proceedings were kept pending and not concluded, awaiting the outcome of the appeal. Argument: This action reveals a fundamental flaw in the AO's approach. By initiating penalty during the assessment, the AO demonstrated a pre- concluded guilty