2019 (8) TMI 1442

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.... J. The present appeal has been preferred by the assessee against the order dated 18.08.2017 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)]relevant to assessment year 2012-13. 2. The assessee has challenged the order of Ld. CIT(A)confirming the penalty as levied by the AO under section271(1)(c) of the Act both on merit as well as on technical issue. 3.....

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....ead with section 271(1)(c) of the Act for furnishing of inaccurate particulars of income qua the cessation of liability whereas no penalty proceedings were initiated in respect of disallowance made under section 14A of the Act. The penalty notice dated 10.03.2015 was issued undersection 274 read with section 271(1)(c) wherein the specific charge was not stated i.e. the notice was issued in a stand....

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....s. 8,53,712/- by issuing notice dated 10.03.2105 under section 274 read with section 271(1)(c).We observe that the said notice was issued in a standard format without striking off the redundant or irrelevant part of the notice and the notice states that penalty has been initiated for concealing the particulars of income or for furnishing of inaccurate particulars of income. Thus the notice has bee....

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....ld that failure to state the limb in the notice issued u/s 271(1)(c) of the Act would render the proceedings invalid. Similarly the Karnatka High court has laid the same ratio in CIT Vs SSA's Emerald Meadows (2016) 73 Taxmann.com 241 Karnataka wherein SLP dismissed as reported in (2016) 73 Taxmann.com 248 (SC) and CIT vs. Manjunath Cotton and Ginning Factory (2013) 359 ITR 565 (Kar.). We are there....