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TMI Blog2024 (10) TMI 1581X X X X Extracts X X X X X X X X Extracts X X X X ..... Advocate For the Respondent Through: Mr. Ab. Rashid Malik, Sr. AAG with Mr. Mohd Younis Hafiz, Advocate ORDER 1. This appeal, filed by the Principal Commissioner of Income Tax, Jammu, under Section 260-A of the Income Tax Act, 1961, is directed against an order dated 27th July, 2019, passed by the Income Tax Appellate Tribunal, Amritsar Bench (the "Tribunal") in ITI No. 339(ASR)/2016, filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "Whether the proceedings for imposition of penalty under Section 271 (1) (c) of the Income Tax Act, 1961, can be vitiated if the satisfaction be derived by the Assessing Authority or the Joint Commissioner (Appeals) or the Commissioner (Appeals) or the Principal Commissioner/ Commissioner, as the case may be, during the course of any proceedings under the Income Tax Act, is referable to both the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hing incorrect particulars of such income etc. 5. The Tribunal has on facts found that the notice which was served upon the Assessee for seeking his explanation was not clear and unambiguous. The Assessing Authority concerned had not recorded its satisfaction with regard to one of the two limbs or on both the limbs indicated in clause (c) of sub-section 1 of Section 271. The notice issued to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed order of imposition of penalty was vitiated being in violation of the principles of natural justice. The Tribunal also found fault with the requisite satisfaction which the Assessing Authority was required to arrive at before initiating the penalty proceedings. We fully concur with the view taken by the Tribunal. We, however, find that the Tribunal while accepting the appeal of the respondent a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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