Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (7) TMI 1002 - HC - Income TaxPenalty u/s 271(1)(c) - Assessee had not filed returns within the due date - Assessee were claimed to have filed returns after a search was conducted in their premises u/s 132 - Department's case was that but for such search, the income now offered to tax by the Assessee would not have been so offered - HELD THAT:- Tribunal has correctly observed in its impugned order that the penalty notices in these cases were not issued for any specific charge, that is to say, for concealment of particulars of income or furnishing of inaccurate particulars. When the matter was before the CIT (A), he referred to the decision of Karnataka High Court in the case of CIT vs. SSA's Emerald Meadows [2015 (11) TMI 1620 - KARNATAKA HIGH COURT] held that no notice could be issued under Section 274, read with Section 271(1)(c) of the Income Tax Act, without indicating which particular limb of Section 271(1)(c) was invoked for initiating the penalty proceedings. The Court took the view that the matter was covered by an earlier decision of a Division Bench of that Court and did not involve any substantial question of law.
|