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2018 (12) TMI 1591 - AT - Income TaxPenalty levied u/s 271(1)(c) - Disallowance of legal expenses of ₹ 36,91,125/- relating to Gillette, USA - Disallowance of expenditure for increase in its authorized share capital included in deduction u/s 35D - Held that:- We find that in the present case, in the original assessment made u/s 143(3) dated 29.03.2004, the AO has mentioned that the penalty proceedings u/s 271(1)(c) have been initiated separately. Subsequently, the AO has framed the assessment u/s 143(3) r.w.s. 254 dated 12.03.2015 without mentioning the initiation of penalty proceedings. In the penalty order dated 30.04.2014 the AO has held it as a fit case for imposition of penalty stating that the assessee has concealed its income as well as furnished inaccurate particulars of its income. Imposing penalty has to be made only on the ground of which the penalty proceedings has been initiated, and it cannot be on a fresh ground of which the assessee has no notice - See CIT vs. Samson Perincherr [2017 (1) TMI 1292 - BOMBAY HIGH COURT]. - Decided in favour of assessee.
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