TMI Blog2022 (7) TMI 323X X X X Extracts X X X X X X X X Extracts X X X X ..... o invoke. There is clear absence of such direction. Ld. counsel for the assessee has relied upon various judicial pronouncements in support of his contention that where the notice is being defective, therefore, no penalty can be levied or sustained. We observe that the issue is squarely covered in assessee's own case for the assessment-year 2015-16 [ 2020 (8) TMI 905 - ITAT INDORE] - Hence the same decision will prevail for assessment-year 2016-17. Since the penalty imposed in assessment-year 2015-16 was deleted, the penalty for assessment-year 2016-17 is also not sustainable. - Decided in favour of assessee. - ITA No. 249/Ind/2021 - - - Dated:- 28-6-2022 - SHRI MAHAVEER PRASAD , JUDICIAL MEMBER AND SHRI B. M. BIYANI , ACCOUNTAN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for assessment-year 2016-17, the matter has reached to this ITAT Indore Bench in present appeal and now before us. To sum up, the present litigation is for assessment-year 2016-17, wherein the penalty of Rs. 73,16,503/- imposed by the Ld. AO u/s. 271AAB has been deleted by the Ld. CIT(A) and now the revenue is before us challenging the order of Ld. CIT(A). 3. The revenue has raised following Ground: 1. On the facts and in the circumstances of the case, the ld. CIT(A) erred in deleting penalty amounting to Rs. 73,16,502/- levied u/s. 271AAB of the Income-tax Act. 4. Ld. AR submitted that the assessee was having identical litigation for the assessment-year 2015-16 and 2016-17 and the appeal of assessment-year 2015-16 had alread ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce so issued mention any specific charge. A bare reading of notice demonstrates that notice relate to ingredients of penalty u/s. 271(1)(c) of the Act, it does not contain the ingredients of section 271AAB of the Act. Under these facts the notice is improper and is not in accordance with requirement of law. The assessing officer is expected to make his direction clear as to which clause of section 271AAB of the Act, he wishes to invoke. There is clear absence of such direction. Ld. counsel for the assessee has relied upon various judicial pronouncements in support of his contention that where the notice is being defective, therefore, no penalty can be levied or sustained. 14. In the light of the above binding precedent and coupled wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e i.e. 30/11/2017, by the same officer and the contents of the both notices are exactly same. The Ld. AR, therefore, argued that the aforesaid decision of this Indore Bench of ITAT in assessee's own case in ITA No. 699/Ind/2019 for the assessment-year 2015-16 applies with equal force to the assessment-year under 2016-17 under consideration. Therefore, the Ld. AR prayed to apply the same decision. 6. On a careful consideration, we find sufficient weightage in the submission of Ld. AR. We observe that the issue is squarely covered in assessee's own case for the assessment-year 2015-16. Hence the same decision will prevail for assessment-year 2016-17. Since the penalty imposed in assessment-year 2015-16 was deleted, the penalty for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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