TMI Blog2015 (11) TMI 1649X X X X Extracts X X X X X X X X Extracts X X X X ..... on notice in connection with the non-initiation of the penalty proceedings u/s 271(1)(c) of the Act and hence the same cannot be subject matter of revision. SEE BS Sangwan Versus Income Tax Officer Ward 2, Sonipat [2015 (1) TMI 1011 - ITAT DELHI ] Casual perusal of the provisions of section 271(1)(c) of the Act would show that the AO “may” direct that the assessee shall pay by way of penalty. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. We heard the parties and perused the record. The ld. AR submitted a copy of revision notice issued by the CIT and submitted that the CIT has initiated the proceedings u/s 263 of the Act in order to verify the amount of ₹ 4,55,221/- found credited in the capital account of the assessee. Before the CIT, the assessee did not appear and hence the ld.CIT proceeded to pass the order ex-par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the CIT. He submitted that the Hon ble Delhi Bench of Tribunal has held in the case of B S Sangwan V/s ITO (2015) 67 SOT 447 has held that revision order can only be passed on the ground on which the assessee has been given reasonable opportunity of being heard and it is not open to the Commissioner to set out one reason for revising order but actually revise the order on some other ground. The ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iew that there is merit in the submissions made by the ld. AR. We notice that the CIT has not issued revision notice in connection with the non-initiation of the penalty proceedings u/s 271(1)(c) of the Act and hence the same cannot be subject matter of revision. This view gets support from the decision rendered by the Delhi bench of Tribunal in the case of B.S.Sangwan (supra), which had followed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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