TaxTMI 
TaxTMI 
2021 (8) TMI 807
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....Sr. DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, This appeal by the assessee is preferred against the order of the Commissioner of Income Tax [Appeals] - 17, New Delhi dated 25.09.2017 pertaining to Assessment Year 2008-09. 2. The solitary grievance of the assessee is that the ld. CIT(A) erred in confirming the penalty of Rs. 47,63,806/- u/s 271(1)(c) of the Income tax Act, 1961 [hereinaft....
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.... furnishing inaccurate particulars of income. 7. In our considered opinion, the extracted notice is vague and ambiguous, as the charge framed by the Assessing Officer is not clear and it is not possible for the person to explain the charge whether it is for concealment of particulars of income or for filing inaccurate particulars of income. 8. The Hon'ble Apex Court in case of CIT Vs. SSA's Emer....
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....itiated, i.e., whether for concealment of particulars of income or furnishing of inaccurate particulars of income - High Court held that matter was covered by aforesaid decision of Division Bench and, therefore, there was no substantial question of law arising for determination - Whether since there was no merit in SLP filed by revenue, same was liable to be dismissed - Held, yes [Para 2] [In favo....
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.... of Income Tax v. SSA's Emerald Meadows -73 Taxmann.com 241 (Kar), the appeal against which was dismissed by the Supreme Court of India in SLP No. 11485 by order dated 5th August 2016. 10. Following the decisions rendered in the cases of CIT vs. Manjunatha Factory, CIT vs. SSA's Emerald Meadows and Pr. CIT Vs Sahara India Life Insurance Company Ltd. (supra), we are of the considered view tha....