Summary
- The ITAT Mumbai has ruled that a penalty initiated under Section 271AAC cannot be imposed under Section 271(1)(c), deleting a ā¹17.18 lakh levy against Joseph Domnic Dsouza.
- The Tribunal found that the assessment order explicitly directed penalty proceedings under Section 271AAC, with no mention of Section 271(1)(c), indicating a lack of jurisdiction for the latter.
- Dsouza's appeal against the underlying addition remains pending, but the Tribunal emphasized that the jurisdictional defect in the penalty order was apparent from the assessment record itself.
- This decision underscores the importance of precise statutory compliance in penalty proceedings, potentially impacting future assessments and penalties in similar cases.
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