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TMI Blog2024 (7) TMI 826X X X X Extracts X X X X X X X X Extracts X X X X ..... and liable to be quashed. (b) That on the facts and in the circumstances of the case and in law, the Ld. AO has erred in levying penalty on additions made on a legal issue. 2. That on the facts and in the circumstances of the case and in law, the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre ['Ld. CIT(A), NFAC'] erred in mis-interpreting its jurisdiction conferred to him under- section 246A and thereby dismissing the appeal without adjudicating any of the grounds of appeal raised before him. 3. Without prejudice to the above grounds of appeal and in the facts and circumstances of the case and in law. penalty levied under section 270A is void-ab-initio as no penalty under section 270A was initiated during the course of assessment proceedings. 4. Without prejudice to the above grounds of appeal and in the facts and circumstances of the case and in law, the Ld. AO in violation of principles of natural justice and without application of mind, levied penalty for misreporting under- section 270A without specifying any of the circumstances or actions as provided in section 270A(9) in the penalty show-cause notice: rendering penalty order pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts, in levying penalty u/s 270A without establishing that the explanation furnished by the Appellant was not bona fide and Appellant did not disclose all material facts to substantiate explanation offered by it. 10. (a) That on the facts and in the circumstances of the case and in law, the Ld. CIT(A). NFAC erred in not adjudicating the ground raised for initiating penalty proceedings on account of disallowance of provision made for pay revision of the executives. (b) Without prejudice to the above, the Ld. AO has erred in law and in facts, by levying penalty on disallowance inflicted by him in the assessment order on the above issue. (c) Without prejudice to the above, the Ld. AO has erred in law and in facts, in levying penalty u/s 270A without establishing that the explanation furnished by the Appellant was not bona fide and Appellant did not disclose all material facts to substantiate explanation offered by it. 11. (a) That on the facts and in the circumstances of the case and in law, the Ld. CIT(A), NFAC erred in not adjudicating the ground raised for initiating penalty proceedings on account of disallowance of expenditure incurred on coal transportation through ex-s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law and in facts. by levying penalty on disallowance inflicted by him in the assessment order on tie above issue. (i) Without prejudice to the above, the Ld. AO hay erred in law and in facts, in levying penalty u/s 27CA without 1 establishing that the explanation furnished by the Appellant was not bona fide and Appellant did not disclose all material facts to substantiate Explanation offered by it. 15. (a) That cr. the facts and in the circumstances of the case and in law, the Ld. CIT(A). NFAC erred in not adjudicating ground raised for initiation, penalty proceedings on account of LD penalty received. (b) Without prejudice to the above, the Ld. AO has erred in law and in facts, by levying penalty on disallowance inflicted by him in the assessment order on the above issue. (j) Without prejudice to the above, the Ld. AO has erred in law and facts, in levying penalty u/s. 270A without establishing that the explanation furnished by the Appellant was not bona fide and Appellant did not disclose all material facts to substantiate explanation offered by it. 16. (a) That on the facts and in the circumstances of the case and in law, the Ld. CIT(A), NFAC erred in not adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see to put forth an explanation that as to why penalty for under reporting/misreporting of income may not be imposed upon it u/s. 270A of the Act. Thereafter, the A.O issued 'SCN' u/s. 274 r.w.s. 270A of the Act, dated 02.01.2020 and 24.02.2021. As the explanation advanced by the assessee company (filed on 17.01.2020 and 26.02.2021) did not find favour with the A.O, therefore, he vide his order passed u/s. 270A dated 01.04.2022 imposed penalty of Rs. 1250.53 crore u/s.270A of the Act on the assessee company. 4. Aggrieved the assessee carried the order passed by the A.O u/s.270A of the Act dated 01.04.2022 before the CIT(Appeals). The CIT(Appeals) holding a conviction that the penalty imposed by the A.O u/s. 270A did not fall within the realm of the orders which were appealable before him, thus dismissed the appeal by treating the same as infructuous. 5. The assessee company being aggrieved with the order of the CIT (Appeals) has carried the matter in appeal before us. 6. We have heard the ld. authorized representatives of both the parties, perused the orders of the lower authorities and the material available on record, as well as considered the judicial pronouncements that have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 272BB], (iii) Section 272,Section 272B or Section 273 as they stood immediately before the 1st day of April 1989, in respect of any assessment for the assessment year commencing on the 1st day of April 1988 or any earlier assessment year. Thus Section 246(1)(I) demarcates the power adjudication on penalties. The current appeal is on the order of penalty levied under section 270A which was specifically excluded from the jurisdiction of Commissioner of Income Tax of Appeals. Hence, the appeal filed is infructuous and cannot be adjudicated." (emphasis supplied by us) 10. Ostensibly the aforesaid observation of the CIT(Appeals) is found to be perverse. As stated by the Ld. AR and, rightly so, penalty imposed u/s. 270A of the Act clearly falls within the realm of orders appealable before the CIT(Appeals) u/s. 246A of the Act. We, say so, for the reason that as per Clause (q) to sub-section (1) of Section 246A an order imposing penalty under Chapter XXI of the Act finds place in the orders which are appealable before the CIT(Appeals). For the sake of clarity, Section 246A(1) of the Act is culled out as under: "246A. (1) Any assessee or any deductor or any collector aggrieved by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il, 1992; (h) an order cancelling the registration of a firm under sub-section (1) or under sub- section (2) of section 186 in respect of any assessment for the assessment year commencing on or before the 1st day of April, 1992 or any earlier assessment year; (ha) an order made under section 201; (hb) an order made under sub-section (6A) of section 206C; (i) an order made under section 237; (j) an order imposing a penalty under- (A) section 221; or (B) section 271, section 271A, section 271AAA, section 271AAB, section 271F, section 271FB, section 272AA or section 272BB; (C) section 272, section 272B or section 273, as they stood immediately before the 1st day of April, 1989, in respect of an assessment for the assessment year commencing on the 1st day of April, 1988, or any earlier assessment years; (ja) an order of imposing or enhancing penalty under sub-section (1A) of section 275; (k) an order of assessment made by an Assessing Officer under clause (c) of section 158BC, in respect of search initiated under section 132 or books of account, other documents or any assets requisitioned under section 132A on or after the 1st day of January, 1997; (l) an order im ..... 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