Mahaluxmi Realtech P. Ltd. v. Dy. CIT (2023)108 ITR 36 (SN)(Delhi) (Trib)

S. 271(1)(c) : Penalty-Concealment-Failure to indicate limb under which proceedings initiated-Penalty is deleted. [S.133A]

 

Held, that once the penalty proceedings had been dropped earlier for the assessed income,  there was no basis for imposing penalty on the same assessed income subsequently. Besides, the Assessing Officer had failed to indicate broadly the limb under which penalty proceedings were initiated. Therefore, the Assessing Officer was to delete penalty for both assessment years.(AY.2009-10, 2010-11)