2019 (5) TMI 1123

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....ces of the case, Commissioner of Incometax (Appeals) erred in confirming action of Assessing Officer in levying penalty u/s 271(1)(c) of Rs. 31,300/-." 3. At the outset, ld. counsel for the assessee drew our attention to the show cause notice issued u/s 274 r.w.s. 271 of the Act dated 12.10.2010 (APB, Pg. No.7). He contended that the aforesaid show-cause notice did not specify the nature of default i.e. whether the penalty is levied for concealment of income or for furnishing of inaccurate particulars of income, as the Assessing Officer imposed the penalty in this case on account of concealment of income or furnishing of inaccurate particulars of income on the basis of agreed additions by the assessee regarding the shortage diesel claime....

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....iate words in the said notice has not been struck off i.e. the notice does not specify under which limb of section 271(1)(c) the penalty proceedings had been initiated i.e. whether for concealment of income or for furnishing of inaccurate particulars of income. We find the Hon'ble Karnataka High Court in the case of M/s SSA'S Emerald Meadows (supra) has observed as under :- "3. The Tribunal has allowed the appeal filed by the assessee holding the notice issued by the Assessing Officer under Section 274 read with Section 271(1)(c) of the Income Tax Act, 1961 (for short 'the Act') to be bad in law as it did not specify which limb of Section 271(1)(c) of the Act, the penalty proceedings had been initiated i.e., whether for concealment....