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2018 (2) TMI 1086 - AT - Income TaxLevy of penalty u/s 271(1)(c) - reopening of assessment - satisfaction recorded by the JCIT without application of own mind - Held that:- Where re-assessment proceedings were initiated under section 148 of the Act against additional income offered by the assessee in the revised return of income, there was no assessment under section 143(1) of the Act itself. Hence, mention of Explanation 2(c) is incorrect. The JCIT had approved the same in an automatic fashion. We hold that in such circumstances, where the satisfaction had been recorded by the JCIT in mechanical manner and without application of mind for according his sanction for issuing notice under section 148 of the Act, reopening of assessment under section 147 / 148 of the Act is invalid. Accordingly, consequent penalty proceedings initiated and completed against the assessee under section 271(1)(c) of the Act are without jurisdiction and held to be invalid and bad in law. - Decided in favour of assessee.
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