2019 (3) TMI 1355

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....il Ganoo For the Revenue : Shri Pankaj Garg ORDER PER PARTHA SARATHI CHAUDHURY, JM : This appeal preferred by the assessee emanates from the order of the Ld. CIT(Appeals)-3, Pune dated 28.12.2018 for the assessment year 2006-07 as per grounds of appeal on record. 2. The only grievance of the assessee is with regard to imposition of penalty levied u/s.271(1)(c) of the Income Tax Act,....

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..... The Ld. AR contended that it is settled principle of law if the charge is not specific then the penalty u/s.271(1)(c) of the Act cannot be levied. That in support of his contentions, the Ld. AR of the assessee relied on the decision of Hon'ble Jurisdictional High Court in the case of CIT Vs. Samson Perinchery in ITA No.1154 of 2014 and the decision of Hon'ble Karnataka High Court in the ....

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.... the case records and analysed the facts and circumstances of the case and have given considerable thought to the judicial pronouncements placed before us. We observe that the Ld. CIT(Appeals) relied on the decision of Smt. Kaushalya (supra.) which is an earlier decision and have confirmed the penalty levied u/s.271(1)(c) of the Act. However, the law of the land as on date should definitely be the....