2019 (10) TMI 1524

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....tives of both the parties and perused the material on record. 3. Learned Counsel for the Assessee submitted that before levy of the penalty A.O. issued show cause notice Dated 28.12.2011 in all the above assessment years in which the A.O. has mentioned as under : "Have concealed the particulars of your income or furnished inaccurate particulars of such income IN TERMS OF EXPLANATION 1,2,3,4 AND 5/Undisclosed Income in the case of search." 3.1. He has submitted that identical notices have been issued in the remaining appeals as well. He has, therefore, submitted that it is not discerning as to whether penalty proceedings were initiated for furnishing of inaccurate particulars of income or concealment of income. Therefore, penalty is lia....

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....inst the Order of the Ld. CIT(A)-1, Gurgaon, Dated 14.06.2016, for the A.Y. 2012-2013. 2. We have heard the Learned Representatives of both the parties. 3. Learned Counsel for the Assessee submitted that prior to levy of the penalty under section 271(1)(c) of the I.T. Act, A.O. issued show cause notice dated 02.03.2015 in which A.O. has mentioned as under : "Have concealed the particulars of your income or furnished inaccurate particulars of such income." 3.1. He has further submitted that A.O. issued another show cause notice under section 271(1)(c) of the I.T. Act, 1961, Dated 14.08.2015 for levy of the penalty in which A.O. has mentioned as under : "During the course of assessment proceeding for the Asst. Year 2012-13 pena....

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.... raised by assessee and essentially it is an issue of fact, therefore, this ground cannot be considered in favour of the assessee and relied upon Order of ITAT, Delhi G-Bench in the case of Mr. Vijay Aggarwal, Meerut vs., DCIT, Central Circle-1, Faridabad, Dated 09.08.2019 in ITA.Nos.5434 & 5435/Del./2016 for the A.Ys. 2008-2009 and 2009- 2010. 5. We have considered rival submissions and perused the material on record. The contents of the notice issued before levy of the penalty are reproduced above which clearly show that A.O. has not mentioned as to for which limb of Section 271(1)(c) of the I.T. Act penalty proceedings have been initiated i.e., whether for concealment of particulars of income or furnishing of inaccurate particulars of....

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.... challenged the levy of penalty under section 271(1)(c) of the I.T. Act. The assessee also raised additional ground of appeal stating therein that levy of the penalty is unjustified because A.O. has not specified whether penalty have been levied for concealment of particulars of income or furnishing inaccurate particulars of income. Since it is a legal issue, therefore, same is admitted for disposal of the appeal. 4. Learned Counsel for the Assessee referred to show cause notice Dated 28.03.2013 which was issued for levy of penalty in which the A.O. has mentioned as under: "Have concealed the particulars of your income or furnished inaccurate particulars of such income." 4.1. He has, therefore, submitted that the issue is covered b....

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....axmann.com 152 (SC). 6. We have considered the rival submissions. In this case, the A.O. issued show cause notice for levy of penalty in which A.O. has mentioned both the limbs of section 271(1)(c) of the Act that assessee has concealed the particulars of income or furnished inaccurate particulars of such income. The issue of the notice is bad in law as it did not specify under which limb of Section 271(1)(c) of the I.T. Act, penalty proceedings have been initiated whether for concealment of particulars of income or furnishing of inaccurate particulars of income. The issue is, therefore, covered by Judgment of Hon'ble Karnataka High Court in the case of CIT vs. M/s. SSAs Emerald Meadows 73 taxmann.com 241 (Kar.) and confirmed by the Hon'....