AMIT KHEMKA,KOLKATA vs. ITO, WARD - 43(1), KOLKATA
In the result, the appeal is partly allowed
ITA 636/KOL/2024[2012-13]Status: DisposedITAT Kolkata20 Aug 2024AY 2012-13
Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra
For Appellant: Shri Vikash Kumar Agarwal, FCAFor Respondent: Shri Manoj Kumar Pati, Addl. CIT, Sr. DR
Section 147Section 250Section 271BSection 68
section 271 should be clear and ▪
without any ambiguity. If the Assessing Officer has not recorded any satisfaction or has not issued any direction to initiate penalty proceedings in appeal, but the appellate authority records satisfaction, then the penalty proceedings have to be initiated by the appellate authority and not the Assessing Authority.
▪
Taking up of penalty proceedings