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2019 (8) TMI 293 - AT - Income TaxRevision u/s 263 - dropping of penalty u/s 271(1)(c) - CIT issued SCNby pointing out the dropping of the penalty proceedings was in a routine manner and was not in accordance with the law - HELD THAT:- The assessment orders for both the assessment years do not mention the ground under which the penalty proceedings were initiated, viz., for concealing of particulars of income or furnishing inaccurate particulars of income. The relevant portion in the show cause notices issued u/s 274 on 30.03.2016 for both the assessment years were struck off before issuance. Hence neither the assessment order nor the show cause notice in this case did specify the charges leveled, whether it is for concealment of income or for furnishing inaccurate particulars of income for which the assessee has to show cause. The omission to mention the specific charges in the show cause notice would make the whole proceedings void. The above view taken by the Cochin Bench of the Tribunal in the case of M/s.Rajadhani Hotels & Tourist Enterprises Pvt. Ltd. v. ACIT [2019 (8) TMI 190 - ITAT COCHIN] by following the judgment of the Hon’ble Apex Court in the case of CIT & Anr. V. M/s.SSA’s Emerald Meadows [2016 (8) TMI 1145 - SC ORDER]. Since the penalty proceedings initiated is void, it would not serve any purpose to uphold the order of the CIT passed u/s 263 and the same is quashed. - Decided in favour of assessee.
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