TaxTMI 
TaxTMI 
2019 (8) TMI 190
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....he order of the authorities below is against law and facts of the case and hence unsustainable. 2. The learned first appellate authority erred in treating the estimated addition as concealed income and on that presumption has imposed penalty for concealment of income. 3. The learned first appellate authority ought to have seen that the assessment was completed on estimating the gross receipts and when estimation is resorted to the question of concealment does not arise at all. 4. The learned first appellate authority ought to have seen that the first appellate authority has given an ad-hoc reduction of 10% from the difference in the gross receipts pointed out by the assessing authority. This itself would show that....
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....ted for hearing on 03-06-2019. In the appeal filed before the first appellate authority the following grounds of appeals were left out to be raised. These grounds are legal grounds and all the necessary material relating to these grounds are already on record. No new facts are to be investigated. The petitioner is given to understand that this ground is very crucial to the adjudication of the case and he would be put to irreparable loss if the ground is not admitted. Though the issues relating to these grounds were raised in the written submission made before the first appellate authority, the same were not considered for adjudication. These grounds could not be raised earlier on account of the ignorance of the petitioner as to the importan....
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....urate particulars of such income" You are hereby requested to appear before me at 10.30PM on and show cause why an order imposing a penalty on you should not be made under section 271 of the Income-tax Act, 1961 . If you do not wish to avail yourself of this opportunity of being heard in person or through authorized representative you may show cause in writing on or before the said date which will be considered, before any such order is made under section 271. sd/- (Assistant Commissioner of Income-tax) Central Circle-1, Trivandrum The Ld. AR submitted that the show cause notice u/s. 274 was defective as it does not spell out the grounds on which penalty was sought to be imposed, whether for concealing....
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....red and the appeal should be decided on merit. 6. We have heard the rival submissions and perused the record. We have carefully gone through the notice issued u/s. 274 r.w.s. 271 of the Act narrated in para 4 of this order. As seen from the above notice issued u/s. 274 of the Act, the Assessing Officer has not struck out the irrelevant portion of the notice. In other words he has not specified whether he is levying penalty for concealment of particulars of income or furnishing of inaccurate particulars of income. As held by the Karnataka High Court in the case of CIT & Anr. vs. M/s. SSA's Emerald Meadows (2015) (11) TMI 1620 that the notice issued by the Assessing Officer u/s. 274 r.w.s 271(1)(c) is to be bad in law as it did not specify....