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TMI Blog2017 (6) TMI 1206X X X X Extracts X X X X X X X X Extracts X X X X ..... R PER AMARJIT SINGH, J.M. The assessee has filed the present appeal against the impugned order dated 18th March 2013, passed by the learned Commissioner (Appeals) I, Nagpur, relevant to the assessment year 2008 09. The effective ground raised by the assessee is reproduced below: On the facts and in the circumstances of the case, the learned Hon ble Commissioner of Income Tax (Appeals) II, was arbitrary and unjustified in confirming the penalty levied under section 271(1)(c) of the I.T. Act, 1961. 2. Brief facts of the case are that the assessee filed his return of income declaring total income of ₹ 2,77,180 on 4th March 2010. The order under section 143(3) of the Act was passed on 20th December 2009. During the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he received the amount of ₹ 1,03,00,000, for the alienation of the land to Shri Karim Kamruddin Malik, whereas, the assessee Shri Karim Kamruddin Malik, has shown the payment of ₹ 30 lakh. The transaction was found not genuine; therefore, notice was given and the assessee surrendered the additional income to the tune of ₹ 1,01,25,000 to buy peace and thereafter the income of the assessee was assessed to the tune of ₹ 1,04,09,803. The learned Commissioner (Appeals) confirmed the penalty, therefore, the assessee filed the present appeal before the Tribunal. 4. We have heard the arguments advanced by both the parties and perused the material on record. The facts are that, the assessee purchased the land from four pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o.4168/Mum /2013, order dated 28th April 2017; and v ) New Sarothia Engineering Co. v/s CIT , [2006] 282 ITR 642 (Guj.). 5. The learned Departmental Representative placed reliance on the order passed by the learned Commissioner (Appeals) in question. IN the instant case also, we find that the notice was issued in a simple proforma in which both the limbs to levy the penalty has been mentioned. No specific limb has been mentioned under which the penalty is going to be levied. In view of the law settled in the above-mentioned case, we are of the view that the penalty levied by the Assessing Officer and confirmed by the learned Commissioner (Appeals) is not liable to be sustained in the eyes of law. In view of the said circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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