AMIT KHEMKA,KOLKATA vs. ITO, WARD - 43(1), KOLKATA

In the result, the appeal is partly allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

c) is a sine qua non for the Assessing Officer to initiate the proceedings because of the deeming provision contained in Amit Khemka AYs: 2012-13 section 1(B). The said deeming provisions are not applicable to the orders passed by the Commissioner (Appeals) and the Commissioner. [Para 63] ▪ The imposition of penalty is not automatic, i.e., imposition of penalty