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2016 (2) TMI 747

Head Note:
Levy of penalty u/s 271(1)(c)- rectification of mistake - whether Tribunal had failed to adjudicate the ground that the show cause notice was issued, before levy of penalty u/s 271(1)(c) of the IT Act, 1961, in a mechanical manner without application of mind - Held that:- On mere perusal of the grounds of appeal raised in the memo of appeal shows that no such ground was raised before this Tribunal nor the counsel for the assessee could demonstrate before us that the issue was argued during the course of hearing of the appeal before the Tribunal. No doubt, the decision of the Hon’ble jurisdictional High Court in the case of CIT Vs Manjunatha Cotton & Ginning Factory (2013 (7) TMI 620 - KARNATAKA HIGH COURT ) was referred by the counsel during the course of hearing of the appeal, but it was only in support of the proposition that in the absence of mala fide on the part of the assessee, no penalty can be levied u/s 271(1)(c) of the IT Act, 1961. This Tribunal had considered this decision and rendered a finding at para-5.2 of the order. There is no whisper either in the order of the CIT(A) or in the order of the Tribunal that the assessee had advanced this plea. No new plea can be raised by invoking the jurisdiction of the Tribunal u/s 254(2) of the IT Act, 1961. The Tribunal is bound to adjudicate only on the grounds which are specifically raised and urged by the assessee to which specific attention of the Tribunal was drawn.

It is crystal clear that there is no mistake apparent from record which is capable of being rectified by exercising the power vested u/s 254(2) of the IT Act, 1961. Hence, the Miscellaneous Petition filed by the assessee is dismissed.


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