TMI Blog2023 (1) TMI 1214X X X X Extracts X X X X X X X X Extracts X X X X ..... harge for levy of penalty for concealment of income or for furnishing of inaccurate particulars of income. Accordingly, we set aside the order of the CIT(A) and quash the penalty notice. And allow the grounds of appeal in favour of the assessee. - ITA No. 2964/Mum/2022 - - - Dated:- 11-1-2023 - Shri Baskaran Br, Accountant Member And Shri Pavan Kumar Gadale, Judicial Member For the Appellant : Shri N.R.Agarwal.AR For the Respondent : Shri Chetan M. Kacha.DR ORDER PER PAVAN KUMAR GADALE JM: The assessee has filed the appeal against the order of the National Faceless Appeal Centre (NFAC), Delhi / CIT(A), passed u/s 250 of the Act. The assessee has raised the following grounds of appeal: 1. The Ld. CIT(A) erre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee has filed appeal before the Hon ble ITAT and vide order dated 17.07.2009 the disputed issue was restored to the file of AO for decided afresh after examining relevant aspects of the issue and judicial decisions. Subsequently, based on the directions, the AO has passed the order u/s 143(3) r.w.s 254 of the Act on 21.10.2010 determining a total income of Rs.2,90,01,170/- Aggrieved by the order, the assessee has filed an appeal before the CIT(A) and was partly allowed. Whereas the revenue has filed an appeal and the assessee has filed cross objection before the Hon ble Tribunal. The ITAT in ITA4430/M/2016 CO.no.48/M/2018 has dismissed the revenue appeal and partly allowed the cross objections vide order dated 23.04.2018. 3. Subsequent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the disputed issue is that the assessee has challenged the levy of penalty on legal issue as the A.O. has not applied his mind and non striking of charge in the penalty notice i.e. whether the charge is for concealment of income or furnishing of in accurate particulars of income. The Ld.AR demonstrated the copy of penalty notice placed at page 36 37 of the appeal memo and the submissions are realistic. We find the Jurisdictional Hon ble High Court of Bombay in Mohd Farhan A Shaikh Vs. DCIT in Tax Appeal No. 51 to 57 of 2012 dated 11.03.202(2021)125.taxmann.com253 (Bombay) has dealt on this disputed issue of not striking off charge in the penalty notice would vitiate the penalty proceedings. The Hon ble High Court has made observations at pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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