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TMI Blog2022 (6) TMI 1053X X X X Extracts X X X X X X X X Extracts X X X X ..... CIAL MEMBER: This is an appeal by the assessee assailing order dated 01.08.2015 of learned Commissioner of Income-Tax(Appeals)-29, New Delhi, confirming the penalty imposed under Section 271(1)(c) of the Income-Tax Act, 1961 for the assessment year 2009-10. 2. Briefly the facts are, the assessee is a resident company. For the assessment year under dispute, assessee filed its return of income on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accounts. As a result, the income was determined at Rs.31,64,971 and after adjusting the brought forward losses of earlier years, the total income was determined at nil. However, based on the disallowance of expenditure claimed and the addition made on account of salary expenses not recorded in the books of accounts, the Assessing Officer initiated proceedings for imposition of penalty under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the penalty order passed without application of mind is invalid. In support of such contention, he relied upon the following decisions: i) Principal CIT Vs. Sahara India Life Insurance Co. Ltd. (2021) 432 ITR 84 (Delhi) (HC); ii) Silicon Graphic System Indi Pvt. Ltd. vs. CCIT - ITA No. 2978/Del/2013 Dated 10.03.2021; 5. As regards, the merits of the case, learned counsel for the assessee sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been substantially scaled down to Rs.20,95,200 by the first appellate authority. Now, coming to the satisfaction recorded by the Assessing Officer in the Assessment Order, it is observed that Assessing Officer has stated that assessee has furnished inaccurate particulars of his income by concealing the true particulars of his income. Whereas, in the show-cause-notice issued under Section 274 re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was imposed, it has to be held that the order imposing penalty is not valid. This view of ours is supported by a catena of judicial precedents, including the decision of Hon'ble Bombay High Court in case of Mohd. Farhan A Shaikh Vs. DCIT (2021) 125 taxmann.com 253. Accordingly, we delete the penalty imposed under Section 271(1)(c) of the Act. 9. In the result, the appeal is allowed. Order pronou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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