TMI Blog2022 (3) TMI 467X X X X Extracts X X X X X X X X Extracts X X X X ..... case Snita Transport Pvt. Ltd. vs. ACIT [ 2012 (12) TMI 981 - HIGH COURT OF GUJARAT ] are squarely applicable to the facts of the case in hand. At the cost of repetition we observe that the AO has not mentioned the specific charge/guilt in its penalty orders whether it was levied for concealment of income or for furnishing inaccurate particulars of income. Therefore, in our considered view, the penalty levied by the AO and confirmed by the Learned CIT (A) is not sustainable in the eye of law. - Decided in favour of assessee. - I.T.A. No. 1715/Ahd/2017 - - - Dated:- 28-2-2022 - SHRI WASEEM AHMED, ACCOUNTANT MEMBER And Ms. MADHUMITA ROY, JUDICIAL MEMBER Assessee by : Shri Biren Shah, AR Revenue by : Shri Mukesh Jain, Sr. DR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order passed by the Hon'ble Tribunal, Ahmedabad Benches in the case of Dharmesh Dhulabhai Prajapati vs. ITO in ITA No. 1570/Ahd/2017 for A.Y. 2011-12 and also the case of Smt. Ushaben Atulbhai Shah in ITA No. 197/Ahd/2017 for A.Y. 2012-13. The Learned CIT(A) while confirming the order levying penalty alleged on account of both counts; again failed to apply his mind towards the legal bars imposed by different courts as submitted by the Learned AR. He, therefore, prays for quashing of the order of penalty before us. 3. On the other hand, Ld. DR relied upon the orders passed by the authorities below. 4. We have heard the respective parties, we have also perused the relevant materials available on record. 5. A short point i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was being imposed namely for concealing the particulars of income or furnishing inaccurate particulars, we may record that though in the assessment order the Assessing Officer did order initiation of penalty on both counts, in the ultimate order of penalty that he passed, he clearly held that levy of penalty is sustained in view of the fact that the assessee had concealed the particulars of income. Thus insofar as final order of penalty was concerned, the Assessing Officer was clear and penalty was imposed for concealing particulars of income. In light of this, we may peruse the decision of this Court in case of Manu Engineering Works (supra). In the said decision, the Division Bench came to the conclusion that language of and/or may be p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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