CIT(A) cancelled the penalty on the ground that the assessment proceedings in the course of which penalty was initiated have been held to be bad-in-law and annulled. On appeal by the Revenue the Tribunal held that with regard to initiation of penalty under S. 271D or S. 271E there is no requirement that the AO can initiate the penalty proceedings only in the course of any proceedings under the Act.  Matter remanded to the file of CIT(A) to decide on merit. Followed CIT v. Hissaria Bros (2007) 291 ITR 244 (Raj) (HC),  CIT v. Hissaria Brothers (2016) 386 ITR 719 (SC). (AY.2009-10 to 2011-12)