TaxTMI 
TaxTMI 
2019 (10) TMI 604
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....tted that prior to levy of the penalty under section 271(1)(c) of the I.T. Act, A.O. issued show cause notice dated 02.03.2015 in which A.O. has mentioned as under : "Have concealed the particulars of your income or furnished inaccurate particulars of such income." 3.1. He has further submitted that A.O. issued another show cause notice under section 271(1)(c) of the I.T. Act, 1961, Dated 14.08.2015 for levy of the penalty in which A.O. has mentioned as under : "During the course of assessment proceeding for the Asst. Year 2012-13 penalty proceedings u/s 271(l)(c) of the Income-tax Act, 1961 were initiated vide this office notice dated 02.03.2015 against you but no reply appears to have been received from you. You are h....
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....f Mr. Vijay Aggarwal, Meerut vs., DCIT, Central Circle-1, Faridabad, Dated 09.08.2019 in ITA.Nos.5434 & 5435/Del./2016 for the A.Ys. 2008-2009 and 2009-2010. 5. We have considered rival submissions and perused the material on record. The contents of the notice issued before levy of the penalty are reproduced above which clearly show that A.O. has not mentioned as to for which limb of Section 271(1)(c) of the I.T. Act penalty proceedings have been initiated i.e., whether for concealment of particulars of income or furnishing of inaccurate particulars of income. The ITAT, Delhi C-Bench in the case of Shri Gulshan Kumar Jhurani, New Delhi vs., ACIT, Circle-37(1), New Delhi (supra), considering the Judgment of Hon'ble Delhi High Court in the....
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....eal stating therein that levy of the penalty is unjustified because A.O. has not specified whether penalty have been levied for concealment of particulars of income or furnishing inaccurate particulars of income. Since it is a legal issue, therefore, same is admitted for disposal of the appeal. 4. Learned Counsel for the Assessee referred to show cause notice Dated 28.03.2013 which was issued for levy of penalty in which the A.O. has mentioned as under: "Have concealed the particulars of your income or furnished inaccurate particulars of such income." 4.1. He has, therefore, submitted that the issue is covered by the Judgment of the Hon'ble Delhi High court in the case of Pr. CIT vs. M/s. Sahara India Lif....
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.... this case, the A.O. issued show cause notice for levy of penalty in which A.O. has mentioned both the limbs of section 271(1)(c) of the Act that assessee has concealed the particulars of income 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 of CIT vs. M/s. SSAs Emerald Meadows 73 taxmann.com 241 (Kar.) and confirmed by the Hon'ble Supreme Court reported in 73 taxmann.com 248 (SC). Further....