TMI Blog2023 (5) TMI 473X X X X Extracts X X X X X X X X Extracts X X X X ..... account by the concerned officer while passing the impugned penalty order. To our minds, this alone would be sufficient to set aside the impugned penalty order, with a direction to the concerned authority to conduct a de novo exercise.It is ordered accordingly. - HON'BLE MR. JUSTICE RAJIV SHAKDHER AND HON'BLE MS. JUSTICE TARA VITASTA GANJU For the Petitioner Through: Mr Ruchesh Sinha with Mr Rakesh Kumar, Advs. For the Respondents Through: Mr Ruchir Bhatia, Sr Standing Counsel. ORDER RAJIV SHAKDHER,J.: (ORAL ) 1. Issue notice. 1.1 Mr Ruchir Bhatia, learned senior standing counsel, accepts notice on behalf of the respondents/revenue. 2. In view of the order that we propose to pass, Mr Bha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 of the penalty order. For the sake of convenience, the relevant paragraphs of the impugned penalty order are extracted hereafter: 3.2 Notice under section 41 of the Black Money Act was accordingly issued on 30.03.2022 the Dy. Director of Income Tax (Inv.), Unit 4(4), New Delhi. Final show cause notice u/s 41 of the B M Act was issued on 02.03.2023 wherein assessee has been provided another opportunity for filing his submissions if any and the case was fixed for 09.03.2023. 4. Assessee has not furnished any submission. Since the assessee has not furnished anything, therefore, I am left with no alternate but to proceed to levy the penalty u/s 41 of the B M Act on the basis of discussion made in the assessment order. 6. We may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into account by the concerned officer while passing the impugned penalty order. 11.1 To our minds, this alone would be sufficient to set aside the impugned penalty order, with a direction to the concerned authority to conduct a de novo exercise. 11.2 It is ordered accordingly. 12. However, insofar as the second aspect of the matter is concerned, which may go to the jurisdiction of the concerned authority, liberty is given to the petitioner/assessee to raise the same before them. If such an objection is raised, the concerned authority will take appropriate steps in the matter. 13. The writ petition is disposed of, in the aforesaid terms. 14. It is made clear that we have not examined the merits of the case and therefore, any o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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