TaxTMI 
TaxTMI 
2018 (4) TMI 1201
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.... reasonable cause for not filing the appeal within time and hence, we condone the delay and admit the appeal for hearing. 3. The only issue involved in this appeal is that the CIT(A) erred in confirming the levy of penalty u/s.271(1)(c) of the Act of Rs. 66,172/- made by the Assessing Officer. 4. At the outset, ld Authorised Representative of the assessee filed before us copy of notice issued u/s.271(1)(c) of the Act dated 15.1.2014, copy of which is placed on record and pointed out therefrom that in the said notice, the Assessing Officer has stated as under: "Where in the course of proceedings before me for the assessment year 2013-14, it appears to me that you:- ................ have concealed the particulars of your income or......
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....gment rendered by Hon'ble High Court of Karnataka whereby identical issue was decided in favour of the assessee. Operative part of the judgment in case of M/s. SSA's Emerald Meadows (supra) decided by Hon'ble High Court of Karnataka is reproduced below :- "2. This appeal has been filed raising the following substantial questions of law: (1) Whether, omission if assessing officer to explicitly mention that penalty proceedings are being initiated for furnishing oj inaccurate particulars or that for concealment of income makes the penalty order liable for cancellation even when it has been proved beyond reasonable doubt that the assessee had concealed income in the facts and circumstances of the case? (2 Whether, on the fact....
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.... the opinion, no substantial question of law arises in this appeal for determination by this Court, the appeal is accordingly dismissed." 10. Bare perusal of the notice issued u/s 27I(1)(c) apparently goes to prove that the Assessing Officer initiated the penalty proceedings by issuing the notice u/s 274/271(1)(c) of the Act without specifying whether the assessee has concealed ''particulars of income" or assessee has furnished "inaccurate particulars of income", so as to provide adequate opportunity to the assessee to explain the show cause notice. Rather notice in this case has been issued in a stereotyped manner without applying any mind which is bad in law, hence is not a valid notice sufficient to impose penalty u/s 271(1)(c) ....