2024 (7) TMI 960

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....al by the assessee is directed against the order of the ld. CIT (Appeals)/National Faceless Appeal Centre (NFAC) dated 15.03.2024 for the assessment year 2002-03. 2. Grounds of appeal taken by the assessee read as under :- "1.1 That on the facts and circumstances of the case, the CIT(A) was not justified in upholding the penalty u/s 271(1)(c) of the Income Tax Act, 1961 in respect of a....

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....y case, the penalties imposed vide order 26/07/2012 in respect of both these issues having been already deleted by the Hon'ble ITAT vide order dated 19/12/2018, the second penalty order passed by the Assessing officer is illegal and not sustainable under law. 2.1 That even otherwise, the Assessing officer was not justified in imposing the penalty without recording requisite satisfacti....

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....the assessee has raised a legal issue that the penalty notice was an omnibus notice without specifying the charge and it was prayed that since the notice is not specifying the charge, penalty levied is liable to be quashed. 6. Per contra, ld. DR for the Revenue relied upon the orders of the authorities below and submitted that the aforesaid issue was also raised before the ld. CIT (A) but he ha....

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.... part while issuing notice under section 271(1)(c) of the Income-tax Act, - Order is bad in law - Assessee must be informed of the grounds of the penalty proceedings only through statutory notice. An omnibus notice suffers from the vice of vagueness." 8. Hon'ble jurisdictional High Court in ITA 475/2019 & Ors. Vide order dated 02.08.2019 has also taken the same view. Hon'ble jurisdictional High....