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RAJIV SHAKDHER, GIRISH KATHPALIA
Principal Commissioner of Income Tax Delhi (central-3) – Appellant
Versus
Shyam Sunder Jindal – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
1. These appeals concern the following Assessment Years (AYs): AY 2011-12 (in ITA 189/2023), AY 2008-09 (in ITA 190/2023), AY 2010-11 (in ITA 191/2023) and AY 2009-10 (in ITA 192/2023).
2. Via these appeals, a challenge has been laid to the common order dated 24.06.2021 passed by the Income Tax Appellate Tribunal.
3. Counsel for the appellant/revenue does not dispute that none of the penalty notices issued to the respondent/assessee for the aforementioned AYs advert to the specific limb of Section 271(1)(c) of the Income Tax Act, 1961 [in short, "the Act"] which is triggered against him.
4. In other words, it is not clear whether the Assessing Officer (AO) intended to levy a penalty on the respondent/assessee for concealment of particulars of his income, or furnishing inaccurate particulars. This issue is covered against the appellant/revenue in a catena of judgments, including the judgment rendered by the coordinate bench in the matter of Pr. Commissioner of Income Tax-3 v. Ms Minu Bakshi, 2022:DHC:2814-DB.
4.1. The relevant observations made in the said judgment are extracted hereafter:
"7. In
Penalty proceedings under Section 271(1)(c) of the Income Tax Act require the Assessing Officer to clearly specify the provision/limb under which penalty proceedings are triggered against the assesse....
The necessity for the Assessing Officer to clearly indicate the provision/limb under which penalty proceedings are triggered against the assessee.
The main legal point established in the judgment is the necessity for the assessing officer to clearly specify whether penalty is being levied for concealment of income or for furnishing inaccurate p....
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