Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (11) TMI 65 - AT - Income TaxPenalty u/s 271(1)(c) OR u/s 271AAB - HELD THAT:- CIT(A) has reversed AO’s action for the sole reason that since the instant lis involves a search case covered under a specific provision u/s 271AAB of the Act, the impugned proceedings u/s. 271(1)(c) ought not to have been initiated. This clinching aspect has gone unrebutted from the Revenue side that the AO had indeed involved sec. 271(1)(c) proceedings only. The tribunal’s co-ordinate bench decision(s) (supra) have already made it clear that the specific provision dealing with such penalty i.e. sec. 271AAB has overriding effect over the general one that the sec. 271(1)(c) in other words. We adopt the same reasoning mutatis mutandis and confirm the CIT(A)’s action deleting the impugned penalty.
|