2023 (5) TMI 1057

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.... H. Arora, CA For the Revenue : Sh. Mayank P. Tomar, Addl. CIT ORDER PER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER: The present appeals have been filed by the assessee against the order of ld. CIT(A), Dehradun dated 28.08.2019. 2. Since, the issue involved in both the appeals are similar, they were heard together and being adjudicated by a common order. 3. In ITA No. 178/DDN/2019, fo....

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....te particulars of income has not been struck off. 4. On the facts and in the circumstances of the case and in law the CIT(A) was incorrect and unjustified in upholding the penalty ignoring the Hon'ble Supreme Court judgment in the case of SSA's Emerald and also the judgment of Hon'ble Karnataka High Court in the case of Manjunath. 5. On the facts and in the circumstan....

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....ect and unjustified in upholding the penalty even when the penalty notice itself is illegal, invalid and bad in law." 4. At the outset, it was brought to our notice by both the parties that the quantum addition stands deleted. And hence, the penalty proceedings do not survive. Further, we also find that the cases of the assessee are also squarely covered by the following judgments: 1) ....

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.... 3) The Hon'ble jurisdictional Delhi High Court in the case of PCIT vs. Sahara India Life Insurance Co. Ltd. in ITA No. 475 of 2019, reiterated that notice under section 274 should specifically state the grounds on which penalty was sought to be imposed as the assessee should know the grounds which he has to meet specifically. 4) The aforesaid principle has been reiterated in the in the ....