TMI Blog2024 (3) TMI 1121X X X X Extracts X X X X X X X X Extracts X X X X ..... rming the impugned penalty after having found the assessee having concealed his taxable income. A deviation regarding applicability of the statutory twin limbs of concealment of taxable income vis- -vis furnishing of inaccurate particulars thereof is not sustainable in law in light of hon ble jurisdictional high court s decision in Mohd. Farhan A. Shaikh [ 2021 (3) TMI 608 - BOMBAY HIGH COURT (LB) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessee : None For the Revenue : Shri Manish Mehta ORDER PER SATBEER SINGH GODARA, J.M. : These assessee s three appeals, arise against the National Faceless Appeal Centre [in short the NFAC ] Delhi s as many Din and Order Nos.ITBA/NFAC/S/250/2022-23/1044988054(1); 1044988235(1) and 1044988211(1); all dated 27.08.2022, involving proceedings u/s. 271(1)(c) [for A.Y.2016-2017]; and sec.270A [for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he first and foremost assessment year 2016- 17 had concluded that the assessee s bogus claim under sec. 80C deduction(s) is an instance of furnishing inaccurate particulars of income in para-iii pages 7 to 8 in the NFAC s order. Whereas it s impugned discussion in para. 7.9 onwards holds it as a fit case for confirming the impugned penalty after having found the assessee having concealed his taxab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee s case going by sec. 270A(8) on one hand; whereas they nowhere specify the corresponding limb(s) of under-reporting of income in consequence of any mis-reporting thereof; as prescribed subsec.( 9) containing (a) to (f) clauses. Faced with this situation, I adopt stricter interpretation as per Commissioner of Customs (Imports), Mumbai vs. Dilip Kumar And Co. Ors. [2018] 9 SCC 1 (SC) (FB) and c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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