2021 (12) TMI 24

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....d. This appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961 (the Act in brevity) is directed against the order dated 22.09.2017, passed by the Income Tax Appellate Tribunal "A" Bench, Kolkata in ITA Nos. 93 and 94/Kol/2017 relating to Assessment Years 2006-07 & 2007-08. The revenue has raised the following questions of law for our consideration :- (a) Whether on the facts and in the circumstances of the case and in law, the Income Tax Appellate Tribunal was justified in canceling/deleting the penalty imposed u/s. 271(1)(c) of the Income Tax Act, 1961 and thereby upholding the order passed by the CIT(A) on the ground that the assessee had made a suo motu declaration of the HSBC account and deposits therein ....

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....culars of income" or "concealed particulars of such income" was not struck off by the AO ? (d) Whether Section 271 of the Income Tax Act, 1961 mandates recording in clear terms of satisfaction of the assessing officer about the concealment of income or furnishing of inaccurate particulars by the assessee either in the assessment order or in the notice under Section 274? We have heard Mr. Tilak Mitra, learned Counsel for the appellant and Mr. R K Murarka learned Counsel for the respondent. The short issue which falls for consideration is whether the order passed by the Commissioner of Income Tax (Appeals) 21 Kolkata reversing the order passed by the Assessing Officer imposing penalty on the assessee under Section 271(1)(c) of the....

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....or the purpose of levy of penalty under section 271(1)(c) so that he can defend accordingly. If the notice issued under section 274 is issued by the Assessing Officer in the standard printed proforma without striking out the irrelevant clause like in the present case, the same, in our opinion, cannot convey to the assessee as to which of the charges he has to respond and such notice issued by the Assessing Officer without application of mind is liable to treated as vague on the basis of which no penalty can be imposed on the assessee as held by the Hon'ble Karnataka High Court, inter alia, in the case of SSA's Emerald Meadows (supra) and Manjunathan Cotton & Ginning Factory (supra). Even the Hon'ble Bombay High Court in the case of Samsung ....