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2019 (11) TMI 1568 - ITAT MUMBAIRectification of mistake - Penalty imposed u/s.271(1)(c) - HELD THAT:- One of the two limbs “having concealed particulars of income” have been highlighted whereas the second limb has not been struck off, and this argument has been taken for the first time by way of this Miscellaneous Application only. We also perused the reply of the assessee dated 31.08.2013 wherein the assessee has understood the notice to mean that penalty proceedings has been understood by the assessee to be proposed for both the limbs. As the assessee has understood the notice in the same manner in which it was issued by the AO and understood by the learned D.R. also. We find that there are two views possible on examining this notice issued u/s.274 r.w.s.271 of the Act dated 28.03.2013. In view of the above discussion, we hold that there is no mistake apparent in the order of the Tribunal dated 14.03.2019 and the miscellaneous application has no merit and is dismissed. Miscellaneous Application filed by the Revenue is dismissed.
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