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2015 (11) TMI 1776 - AT - Income TaxPenalty levied u/s 271(1)(c) - non recording of satisfaction by AO - effective ground of appeal of the assessee is that in absence of any satisfaction recorded in the assessment order, the penalty has been imposed without any jurisdiction and also, the assessee was not provided sufficient opportunity of being heard - HELD THAT:- AO has failed to record prima-facie satisfaction for initiate penalty proceeding in the assessment order passed under section 144 of the Act, respectfully following the judgement of the jurisdictional High court in the case of Madhushree Gupta [2009 (7) TMI 38 - DELHI HIGH COURT] and decision of the Tribunal in the case of Triveni Engineering and Industries Ltd. [2013 (11) TMI 174 - ITAT DELHI] we hold that in absence of any prima-facie satisfaction recorded by the ld. Assessing Officer for initiation of penalty in the assessment order, the penalty levied by the AO is without any jurisdiction and void ab-initio, therefore, order of the learned Assessing Officer passed under 271(1)(c ) of Act is quashed - Decided in favour of assessee.
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