2019 (10) TMI 250

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....: Shri S.S. Rana, CIT-D.R. ORDER PER BHAVNESH SAINI, J.M. This appeal by Assessee has been directed against the Order of the Ld. CIT(A), Faridabad, Dated 01.07.2016 for the A.Y. 2009-2010, challenging the levy of penalty under section 271(1)(c) of the I.T. Act, 1961. 2. We have heard the Learned Representatives of both the parties. 3. The assessee has challenged the levy of penalty ....

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....s mentioned as under : "In this regard it may be noted that hearing with respect to imposition of penalty u/s 271(l)(c) in your case for the assessment year 2009-10 is fixed for 23.02.2015 at 11:30 A.M. It is requested that you may either attend or submit a written reply to this office by the said date, failing which it shall be presumed that you have nothing to say in this matter and you....

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....f Section 271(1) (c) the penalty proceedings had been initiated under i.e. whether for concealment of particulars of income or for furnishing of inaccurate particulars of income. The Karnataka High Court had followed the above judgment in the subsequent order in Commissioner of Income Tax v. SSA's Emerald Meadows (2016) 73 Taxman.com 241 (Kar), the appeal against which was dismissed by the Supreme....

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....me or furnished inaccurate particulars of such income. The issue of the notice is bad in law as it did not specify under which limb of Section 271(1)(c) of the I.T. Act, penalty proceedings have been initiated whether for concealment of particulars of income or furnishing of inaccurate particulars of income. The issue is, therefore, covered by Judgment of Hon'ble Karnataka High Court in the case o....