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2018 (12) TMI 823 - AT - Income TaxPenalty u/s 271(1)(c) - non filing the return of income and non-payment of the taxes due to the government - Jurisdiction for revision u/s 263 also invoked - Held that:- The assessee is in the habit of not filing the return of income and non-payment of the taxes due to the government. Since the assessee has not filed the return of income though it has taxable income, the AO ought to have initiated the penalty proceedings for concealment of income. Since the AO did not initiate the penalty proceedings, the Ld.Pr.CIT has taken up the case for revision u/s 263 and held that non initiation of penalty proceedings, which ought to have been initiated during the assessment proceedings as erroneous and prejudicial to the interest of the revenue. CIT has considered the amended provisions of section 271 w.e.f. 01.06.2002, the provision u/s 263 and rejected the rejected the objections of the Ld.AR challenging the jurisdiction of the Ld.Pr.CIT for giving directions to initiate the penalty u/s 271(1)(c). The issue with regard to initiation of penalty proceedings by the CIT and directions of the Ld.Pr.CIT to AO to initiate the penalty proceedings was considered by this Tribunal in the case of U.V.Ramanamurthy Raju [2017 (8) TMI 475 - ITAT VISAKHAPATNAM] and held that the Pr.CIT is empowered to initiate the penalty proceedings and also empowered to direct the AO to initiate the penalty proceedings u/s 271(1)(c) r.w.s 263 of the Act in revision proceedings u/s 263. - Decided against assessee.
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