These two appeals are filed by the assessee against the order dated 16/05/2018 & 31/05/2018 passed by CIT(A)-Ghaziabad for assessment year 2010-11 & 2014-15 respectively.

“1. Because, the order of leaned Commissioner Of Income Tax (A) is bad in law and against the facts and circumstances of the case as neither there is Appellant by Sh. Pushkar Pandey, Adv & Ms. Ishita Gupta, CA Respondent by Sh. Prakash Dueby, Sr. DR Date of Hearing 14.09.2021 Date of Pronouncement 28.09.2021 2 ITA No. 5116 & 5117/Del/2018 any concealment nor assessee has filed any inaccurate particulars.

2. Because, the leaned Commissioner Of Income Tax (A), grossly erred in sustaining the penalty of Rs. 7,56,000/- imposed u/s 271(1) (C ) of the Act without appreciating-the fact that the lump sum addition is made by applying flat rate that too by admittingly by applying wrong provision in whole disregard of facts on records like better book results and factually there is no specific item/transaction/material which is found wrong/ concealed, hence order is arbitrary. 3. Because, without prejudice to above and in alternative, penalty is without any application of mind/satisfaction against the ratio of law laid down in case of Manjunatha Cotton and Ginning Factory (2013) 359 ITR 565(Kamatka) approved by hon’ble Apex Court in case of SSA’s EMRALD MEADOWS as the same is initiated by way of a printed penalty notice, without specifying any specific default either of concealment or furnishing inaccurate particulars.

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