2019 (1) TMI 1004

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.... Jindal, DR ORDER PER N. K. SAINI, VICE PRESIDENT: This is an appeal by the assessee against the order dated 14.08.2017 of ld. CIT(A)-2, Jalandhar. 2. The only grievance of the assessee in this appeal relates to the sustenance of penalty of Rs. 1,85,710/- levied by the AO u/s 271(1)(c) of the Income Tax Act , 1961 (hereinafter referred to as the Act). 3. Facts of the case in brief a....

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.... was drawn towards page no. 11 of the assessee's appeal folder. It was further submitted that in subsequent notices dated 01.06.2016 and 10.06.2016 nothing was mentioned about the charge on which the penalty u/s 271(1)(c) of the Act was to be levied. Therefore, in the absence of specific charge for levying the penalty u/s 271(1)(c) of the Act in the notice issued u/s 274 of the Act, the impugned p....

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....eard both the parties and perused the material available on record. There is no concealment in the present case. The Assessee has also filed all the details during the regular assessment proceedings. From the notice dated 28.12.2011 produced by the Ld. AR during the hearing, it can be seen that the Assessing Officer was not sure under which provisions of Section 271 of the Income Tax Act,....

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....e assessee, has relied on the decision of the Division Bench of this Court rendered in the case of COMMISSIONER OF INCOME TAX -VS- MANJUNATHA COTTON AND GINNING FACTORY (2013) 359 ITR 565. 4. In our view, since the matter is covered by judgment of the Division Bench of this Court, we are of the opinion, no substantial question of law arises in this appeal for determination by this Court. ....