2018 (10) TMI 803

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....appeal of Assessee pertaining to A.Y. 2010-11 is directed against the order of Ld. Commissioner of Income Tax(Appeals)-III, Indore (in short 'CIT(A)'), dated 05.05.2017 which is arising out of the order u/s 271(1)(c ) of the Income Tax Act 1961(hereinafter called as the 'Act') framed on 25.09.2014 by DCIT (Central), Indore. 2. The sole grievance of the assessee is against the order of Ld.CIT(A) c....

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....5. At the outset Ld. Counsel for the assessee submitted that the alleged notice u/s 274 r.w.s. 271(1)(c ) of the Act is erroneous as it was issued without striking either of the two charges i.e. whether the assessee have concealed the particulars of the income or furnished inaccurate particulars of income. He further referring to the judgment of the Co-ordinate Bench in the case of Keti Sangam Inf....

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....e u/s 274 r.w.s. 271(1)(c ) of the Act dated 5.3.2014 we observe that both the charges have been mentioned in the notice i.e. "the assessee have concealed the particulars of income or furnished inaccurate particulars of such income". Ld. Counsel for the assessee pleaded that the alleged show cause notice do not satisfy the requirement of law as there is no specific charge raised against the assess....

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....side the order of the penalty imposed by the authorities". Similar view was also taken by the coordinate bench in the case of Keti Sangam Infrastructure (I) Ltd and others V/s DCIT (Supra) order dated 27.6.2018 holding that where the specific charge has not been mentioned in the notice u/s 274 r.w.s. 271(1)(c ) of the Act i.e. when one of the charge is not striked off then such notice did not sati....