PCIT cannot initiate penalty proceedings if no findings in assessment order on under or misreporting of income

Mr. Coimbatore Vaiyapuri Maathesh Vs ITO (ITAT Chennai)

If you examine the reasons given by the PCIT to revise the assessment order u/s.263 of the Act, we find that the PCIT has set aside the assessment order only for the reasons that the AO has failed to initiate penalty proceedings u/s.270A of the Act, although, there is an observation of underreporting or misreporting of income. The PCIT had also relied upon the decision of the Hon’ble Allahabad High Court in the case of CIT v. Surendra Prasad Aggarwal reported in [2005] 275 ITR 113 (Allahabad) and

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