Vaibhav Global Limited, Jaipur vs Assistant Commissioner Of Income Tax, ... on 19 December, 2018
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Rajasthan State Mines & Minerals Ltd., ... vs Acit, Jaipur on 30 May, 2017
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assessee further submitted the return of
income and confirmation of V. Khandelwal & Co., Suman Traders,
Bhawani Impex but the same were not found acceptable ... such concerns exist on the given addresses,
however, confirmations were received by post automatically in the
month of November, 2016 which raises the doubt
inherently has power not to levy penalty. Thus, the ld. CIT (A) confirmed the
penalty under a wrong notion. The provisions of section 271AAB itself ... held that the levy of
penalty is automatic and therefore, we confirmed the action of the ld. CIT(A). In
the light of this facts
inherently has power not to levy penalty. Thus, the ld. CIT (A) confirmed the
penalty under a wrong notion. The provisions of section 271AAB itself ... held that the levy of
penalty is automatic and therefore, we confirmed the action of the ld. CIT(A). In
the light of this facts
contentions of the assessee company and made/ confirmed addition
to the returned income did not automatically invite penalty. Where
divergent views exit either within ... particulars of its income and
furnished inaccurate particulars. The CIT (A) confirmed the
penalty but on further appeal, the Tribunal deleted it. On the facts
imposed by the AO and confirmed by the CIT(A)
automatically gets deleted.
In the result, the appeal of the assessee is allowed.
Order pronounced
once reference is made to section 132 then the same is automatically
deemed to include reference to section 132A also. Further, though the assessee
offered ... automatically deemed to include reference to section 132A is
incorrect interpretation of the law. Therefore, the penalty imposed by AO and
confirmed
above, we are of the opinion that the order of
the Tribunal confirming the order of the Commissioner (Appeals) does
not suffer from any illegality ... opportunity of being heard. It
further re-affirms that penalty is not automatic otherwise making the
provision for giving hearing or opportunity will not make
circumstances of the case the ld.
CIT(A) has erred in confirming the action of the AO of levying
the penalty even though ... case and in
law the ld.CIT(A) has erred in confirming the action of the AO
in levying penalty