TMI Blog2023 (5) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... dings u/s 271(1)(c) of Act, this per-se sufficient to demonstrate his non-application of mind while recording satisfaction vis- -vis initiation of penal proceedings. We are of the considered view that the necessity for prima facie satisfaction triggering initiation of penal proceedings continues to be a jurisdictional fact and same should discernible from the body of assessment order, which in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1/2022 passed u/s 250 of the Income-tax Act, 1961 [for short the Act ] upholding the order of penalty dt. 01/01/2022 passed u/s 271(1)(c) of the Act, by National Faceless Assessment Centre [for short AO ] for the assessment year [for short AY ] 2016-17. 2. The short issue emanating from the extant appeal is directed against the action of lower tax authorities in imposing a penalty u/s 271(1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... up levying penalty u/s 271(1)(c) for furnishing inaccurate particulars of income , which found perfunctory sustained by the Ld. CIT(A). 5. Excusing from reproduction of provision of section 271(1)(c) in verbatim, it shall be purposive to state that, where the Assessing Officer in the course of any proceedings under the Act, is satisfied that any person has concealed the particulars of his inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstrate his non-application of mind while recording satisfaction vis- -vis initiation of penal proceedings. 7. In the light of undisputed facts and aforestated deliberation, we are of the considered view that the necessity for prima facie satisfaction triggering initiation of penal proceedings continues to be a jurisdictional fact and same should discernible from the body of assessment order, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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