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TMI Blog2020 (4) TMI 622X X X X Extracts X X X X X X X X Extracts X X X X ..... d and confirmed the penalty. 2. This was the first time when the assessee was scrutinized and he is a student after all. However, he had declared additional income and paid the taxes and showed his bonafide intention. 3. The claim of section 54 was required to be withdrawn because of the sanction and completion could not be obtained from the proper authority because of the policy matter of the Nashik Municipal Corporation. 4. The detail submission and any additional grounds of appeal will be submitted before or during the course of appeal hearing. It may please be allowed. 5. The withdrawal of the benefit of sec.54F is technical in nature and so motto done by the assessee. In court of law a linent view have been taken and the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regard. 7. Aggrieved with the said decision of the CIT(A), the assessee is in appeal before the Tribunal with the above extracted ground. 8. It is seen from the record that the order of the CIT(A) shall have to be set-aside on the legal issue relating to the ambiguity in the mind of the Assessing Officer while dealing with the initiation and levy of penalty. Highlighting the legal requirement of making a specific reference to the specific limb of clause (c) of section 271(1) of the Act and relying on various binding judgments in the case CIT Vs. Shri Samson Perinchery (2017) 392 ITR 4 (Bom.) as well as the judgment of Hon'ble Karnataka High Court in the case of CIT Vs. Manjunatha Cotton and Ginning Factory 359 ITR 565, we find that the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1(1)(c) of the Act. Thus, the satisfaction of the Assessing Officer suffers from ambiguity in his mind. 14. Therefore, considering the above referred binding judgments, we are of the view that such penalty is unsustainable in law legally. It is a settled legal proposition that the Assessing Officer is under obligation to specify the appropriate limb of clause (c) of section 271(1) of the Act at the time of initiation as well as at the time of levy of penalty. In view of the above deliberation on this issue, without going into the merits of the case, we setaside the order of the CIT(A) and direct the Assessing Officer to delete the entire penalty imposed by him. Accordingly, the ground raised by the assessee is allowed on legal issue. 15. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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