2019 (7) TMI 1028

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....I D.S.SUNDER SINGH, ACCOUNTANT MEMBER : This appeal is filed by the revenue against the order of the Commissioner of Income Tax (Appeals) [CIT(A)]-2, Visakhapatnam vide I.T.A. No.1003-/2017-18/ITO,W-1,Skm/2017-18 dated 18.06.2018 for the Assessment Year (A.Y.)2014-15. 2. All the grounds of appeal are related to the penalty levied u/s 271(1)(c) of the Income Tax Act, 1961 (in short 'Act'). In thi....

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....sed u/s 271(1)(c), the assessee went on appeal before the CIT(A) and the Ld.CIT(A) cancelled the penalty, since, the notice issued u/s 271(1)(c) was defective, in as much as non-striking of the irrelevant column in the notice leading to ambiguity for which act of the assessee, the AO sought the explanation whether it is for concealment of income or for furnishing of inaccurate particulars. The Ld.....

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....he notice issued, it is seen that AO issued notice for concealment of income or for furnishing of inaccurate particulars, which proves that the assessing officer was not sure of which of the offence he sought the explanation. In this regard, it is relevant to refer to the decision rendered by the Hon'ble Jurisdictional High Court in the case of Smt.Baisetty Revathi (ITTA.No.684/2016), wherei....

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.... two, as in the present case. This ambiguity in the show-cause notice is further compounded presently by the confused finding of the Assessing Officer that he was satisfied that the assessee was guilty of both. We are therefore of the opinion that the order under appeal does not brook interference on any ground. We find no question of law, much less a substantial one, arising for consideration w....