2022 (11) TMI 841

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...., Sr. D/R , appeared on behalf of the Revenue ORDER Per Manish Borad, Accountant Member: This appeal filed by the assessee pertaining to the Assessment Year (in short "AY") 2009-10 is directed against the order passed u/s 250 of the Income Tax Act, 1961 (in short the "Act") by ld. Commissioner of Income-tax (Appeals)-2, Kolkata [in short ld. "CIT(A)"] dated 08.01.2019 arising out of the a....

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....of Income Tax (Appeals)-2, Kolkata did not consider that the impugned notice dated 14-12-2016 issued u/s. 274 read with s. 271(l)(c) of the Income Tax Act, 1961 issued by the Ld. Income Tax Officer, Ward 4(3), Kolkata failed to classify the exact nature of default for invoking the mischief thereof and the impugned action in that respect is altogether arbitrary, unwarranted, and perverse. ....

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....Explanation 1 appended to the provisions of s. 271(l)(c) of the Income Tax Act, 1961 and the specious findings reached on such extraneous considerations not germane to the issue is totally illegal, illegitimate, and infirm in law." 3. The sole grievance of the assessee is that ld. CIT(A) erred in confirming the penalty levied u/s 271(1)(c) of the Act at Rs. 1,91,580/-. At the outset, ld. Counse....

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.... 271(1)(c) of the Act for concealment of income. Necessary satisfaction was made by ld. AO in the assessment order. However, for the purpose of initiating proceedings u/s 271(1)(c) of the Act notice u/s 274 of the Act was issued on 14.12.2016. In this notice, ld. AO ticked the line, "have concealed the particulars of your Income or ................................ Furnished inaccurate particulars ....