M/S Jammu And Kashmir State Power ... vs The Assistant Commissioner Of Income ... on 22 July, 2019
concealment of particulars of income/furnishing the particular of
income", therefore it goes to prove that even the mind of the
AO, while recording the satisfaction in Assessment Order, issuing
12 ITA No.339/Asr/2016 (A.Y.2011-12)
J &K State Power Dev. Corp. Ltd. Sri vs. ACIT
the notice dated 28-03-2014 u/s 274 of the Act and while
imposing the penalty as well, was indecisive and unclear under
which limb, the penalty proceedings have to be initiated and
under which limb the assessee had to reply in order to defend its
case and under which limb the penalty warranted and supposed
to be levied, therefore we are of the view that under these facts
and circumstance, the penalty is not leviable as held by the
various Courts including the Apex Court, hence, we have no
hesitation to delete the penalty levied by the AO and affirmed by
the Ld. CIT (A).