2012 (7) TMI 973

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he order of the learned CIT(A)-II, Surat in appeal No. CIT(A)-II/C.3/78/2011-12 dated 20-03-2012 passed u/s 271 (1) (c) r.w.s 250 of the IT Act for assessment year 2008-09. 2. The revenue has raised three grounds in its appeal wherein grounds No.2 and 3 are general in nature. Ground No.1 of the appeal is reproduced herein below for our consideration: "1. The Ld. CIT(A) has erred in law and on f .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... A). The learned CIT(A) deleted the penalty made by the learned AO with the following observations: "6. I have considered the facts of the case, order of the A. O. and the submissions of the appellant. It is seen that the search in the case of the appellant was conducted on 24-09-2008 and that the appellant's case is audited u/s. 44AB of the Act and therefore, the due date of filing the return u/ .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... fore, as per sub section (3) of section 271AAA read with Explanation (b) to 271AAA no penalty can be imposed u/s. 271 (1) (c) of the Act. Further, even clause (b) of Explanation 5A to section 271 (1) ( c ) clearly provides that penalty u/s. 271 (1) (c) shall be levied only in respect of a previous year where the due date of filing the return as provided in section 139 (1) has expired. Accordingl .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... AA comes into play while as section 271(1) ( c) is barred by virtue of section 271AAA sub section (3). Section 271AAA sub section (1) and (3) are reproduced herein below for reference: "Penalty where search has been initiated. 271AAA. (1) The Assessing Officer may, notwithstanding anything contained in any other provisions of this Act, direct that, in a case where search has been initiated und .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... fter 01/06/2007, penalty cannot be levied U/s 271 (1)(c)of the Act. Penalty can be levied only U/s. 271AAA of the Act when certain conditions stipulated therein is not complied. Therefore, we do not have any option than to confirm the order of the learned CIT(A) deleting the penalty levied by the learned AO. 8. In the result, the appeal of the revenue is dismissed. Order pronounced in the open C .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X