2021 (11) TMI 1003

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....on record. The grievance of the Revenue Department is that the ld. Commissioner while cancelling penalty, ignored the decisions of the Hon'ble High Court of Andhra Pradesh in the case of CIT Vs. Chandulal (152 ITR 238) and Srinivasa Pitty & Sons Vs. CIT (173 ITR 306) and the Hon'ble Madras High Court in the case of CIT Vs. Sundaram Finance Ltd. [(2013) 35 taxmann.com 65 (Madras)], wherein it was held that mere failure to strike-off inappropriate portion in a notice will not render it invalid. Further even if there is defect in notice, it had caused no prejudice to the Assessee and the Assessee clearly understood what was the purport and import of the notice issued u/s. 271 r.w.s. 274 of the Act. 3. In the instant case, the ld. Comm....

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....he judgment in case of M/s. SSA's Emerald Meadows (supra) decided by Hon'ble High Court of Karnataka is reproduced below:- "2. This appeal has been filed raising the following substantial questions of law: (1) Whether, omission if assessing officer to explicitly mention that penalty proceedings are being initiated for furnishing of inaccurate particulars or that for concealment of income makes the penalty order liable for cancellation even when it has been proved beyond reasonable doubt that the assessee had concealed income in the facts and circumstances of the case? (2 Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in. holding that the penalty notice under Section 274 r.w.s. 271....