TaxTMI 
TaxTMI 
2018 (8) TMI 2125
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.... the ld. CIT(A)- II, Raipur (CG) relating to respective assessment years mentioned therein. For the sake of convenience, all the above appeals of the respective assessees were heard together and are being disposed of by this common order. 2. Levy of penalty u/s 271(1)(c) of the I.T. Act, 1961 by the Assessing Officer which has been confirmed by the ld. CIT(A) is the only issue raised by the above assessees in their respective grounds of appeal. 3. All the above assessees are employees of SAIL, Bhilai Steel Plant and derive income from salary. In the return of income, all these employees have claimed the perquisites received from the employer as exempt. The Assessing Officer reopened all these cases by issue of notice u/s 148 of the Act. T....
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....e Karnataka High Court in the case of CIT vs. M/s SSA'S Emerald Meadows vide ITA No.380 of 2015 order dated 23.11.2015, he submitted that the Hon'ble High Court in the said decision following the decision in the case of Manjunath Cotton and Ginning Factory reported in 359 ITR 565 had upheld the decision of the Tribunal cancelling the penalty and dismissed the appeal filed by the Revenue on the ground that the notice issued by the Assessing Officer u/s 274 r.w.s. 271 is bad in law since it did not specify under which limb of section 271(1)(c) penalty proceedings have been initiated. He submitted that the SLP filed by the Revenue has been dismissed by the Hon'ble Supreme Court. Referring to various decisions filed in the Paper Book, he su....
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....) to be bad in law as it did not specify which limb of Section 271(1)(c) of the Act, the penalty proceedings had been initiated i.e., whether for concealment of particulars of income or furnishing of inaccurate particulars of income. The Tribunal, while allowing the appeal of the assessee, has relied on the decision of the Division Bench of this Court rendered in the case of COMMISSIONER OF INCOME TAX -VS- MANJUNATHA COTTON AND GINNING FACTORY (2013) 359 ITR 565. 4. In our view, since the matter is covered by judgment of the Division Bench of this Court, we are of the opinion, no substantial question of law arises in this appeal for determination by this Court. The appeal is accordingly dismissed." 7. We find the SLP filed by the Revenue....