2020 (3) TMI 864

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....l, Sr. D.R. ORDER PER BHAVNESH SAINI, J.M. This appeal by Assessee has been directed against the Order of the Ld. CIT(A)-20, New Delhi, Dated 08.10.2015, 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 moved an application for admission of addi....

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....ned "have concealed the particulars of your income or furnished inaccurate particulars of such income." Thus, the Department has been regularly issuing such notice to the assessee without specifying as to whether assessee has furnished inaccurate particulars of income or concealed the particulars of income. Learned Counsel for the Assessee, therefore, submitted that issue is covered by the Judgmen....

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....arnataka High Court had followed the above judgment in the subsequent order in Commissioner of Income fax v. SSA's Emerald Meadows (2016) 73 Taxman.com 241 (Kar), the appeal against which was dismissed by the Supreme Court of India in SLP No.11485 of 2016 by order dated 5th August, 2016. 22. On this issue again this Court is unable to find any error having been committed by the ITAT. No s....

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....ncome. The entire penalty proceedings are, therefore, vitiated and no penalty is leviable. On this score itself similar view is taken by Hon'ble Karnataka High Court in the case of CIT vs. M/s. SSA's Emerald Meadows 73 taxmann.com 241 (Kar.). This decision is confirmed by the Hon'ble Supreme Court reported in 242 Taxman 180 (SC). Further, the Hon'ble Delhi High court recently in the case of Pr. CI....