TMI Blog2018 (9) TMI 1947X X X X Extracts X X X X X X X X Extracts X X X X ..... under obligation to specify the correct default at the time of initiation as well as at the time of levy of penalty uniformly. For this proposition, we rely on the binding judgments in the case CIT Vs. Shri Samson Perinchery [ 2017 (1) TMI 1292 - BOMBAY HIGH COURT] as well as CIT Vs. Manjunatha Cotton and Ginning Factory , [ 2013 (7) TMI 620 - KARNATAKA HIGH COURT] As perused the order of Pune Bench of the Tribunal in the case of Shri Vikas Bapurao Takawane [ 2017 (7) TMI 1139 - ITAT PUNE] In this case, we find the Tribunal had an occasion to deal with an identical issue as held there was ambiguity and vagueness in the mind of Assessing Officer with regard to the charge and the provisions under which penalty is to be levied. As a res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd in the circumstances of the case the Learned CIT(Appeals) has erred in law and on merit in upholding the penalty under section 271AAA of ₹ 2,78,48,625/-when there was no undisclosed income after the order of the CIT (Appeals). 2. On the facts and in the circumstances of the case the Learned CIT(Appeals) has erred in law and on merit in upholding the Penalty Order under section 271AAA of the Income tax Act,1961. 3. The appellant craves for leave to amend, modify or add to any of the above grounds of appeal and /or take any additional ground of appeal, if necessary. Additional Grounds : 1. The assessee submits that the penalty order passed u/s.271AAA by the learned A.O be declared null and void since no proper sat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of concealment of income or furnishing of inaccurate particulars of income are not borne out of the provisions. He drew our attention to Para No.10 of the assessment order where satisfaction was recorded by the AO initiating penalty proceedings u/s.271AAA of the Act. The last sentences of the para read as under : 10. ..................... ................Since the assessee has concealed the particular of income, penal proceedings u/s.271AAA of the I.T. Act, are initiated separately. Further, he brought our attention to the penalty order dated 02-03-2015 and highlighted the fact that the penalty was leviable for the reason that undisclosed income was detected and unearthed by the Department by way of action u/s.132 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the AO. Ld. Counsel relied on the contents of Para Nos. 6 and 7 of the said order of Tribunal (supra). 6. On the other hand, Ld. DR for the Revenue relied heavily on the orders of the AO/CIT(A). 7. We heard both the sides and perused the orders of the Revenue. We have also considered the decision relied on by the Ld. Counsel in the case of Shri Vikas Bapurao Takawane (supra) and the arguments on the additional grounds raised by him. On going through the facts of the case narrated above, we are of the opinion that the additional grounds raised by the assessee are required to be admitted for adjudication by virtue of binding decisions on the same. We proceed to adjudicate the core issue of penalty levied by the AO u/s.271AAA of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not levied for concealment of income and/or furnishing of inaccurate particulars of income. A perusal of assessment order shows that the Assessing Officer while recording satisfaction for levying penalty u/s.271AAA has categorically stated that the penalty proceedings are initiated for concealment of income and furnishing of inaccurate particulars of income. Thus, it is evident that the Assessing Officer was not clear in his mind while recording satisfaction whether the penalty is to be levied under the provisions of section 271(1)(c) or the provisions of section 271AAA of the Act. Similarly, in the order levying penalty u/s.271AAA, the Assessing Officer levied penalty for concealment of income. There is no reference of undisclosed income ..... X X X X Extracts X X X X X X X X Extracts X X X X
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