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| The Tax Publishers2021 TaxPub(DT) 1971 (Jp-Trib) INCOME TAX ACT, 1961
Section 254(1)
Additional ground raised before ITAT regarding substainability of penalty levied by AO under section 271AAB was purely legal in nature and no thorough investigation was carried out in the matter and it could be raised at any stage of appellate proceedings. Thus, additional ground raised by the assessee was admitted.
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Appeal (Tribunal) - Additional ground - Maintainability - Legal nature of ground
Assessee raised additional ground which was against order of CIT(A) in confirming penalty levied by AO under section 271AAB. Assessee contended that show-cause notice, issued by AO providing opportunity of hearing to assessee in terms of section 274 of the Act nowhere specified as to under which limb of section 271AAB penalty was sought to be levied. Held: Issue was purely legal in nature and no thorough investigation was carried out in the matter and it could be raised at any stage of appellate proceedings. Thus, additional ground raised by the assessee was admitted.
Followed:NTPC Ltd. (1998) 29 ITR 383 (SC) : 1998 TaxPub(DT) 342 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2014-15
INCOME TAX ACT, 1961
Section 271AAB
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