2020 (10) TMI 717 - ITAT CUTTACK - Income Tax

Head Note / Extract:
Penalty levied u/s 271(1)(c) - Defective notice - non striking inappropriate words - no mention under which limb of provisions of Section 271(1)(c) of the Act, the Assessing Officer has levied penalty? - HELD THAT:- Notices u/s 274 r.w.s. 271 was issued on 29.12.2017 for the assessment year 2010- 2011 and 2011-12 and the inappropriate words in the said notice have not been struck off. Therefore, it is not understood as to under which limb of provisions of Section 271(1)(c) AO has levied penalty. Since the said show cause notices issued u/s 274 did not specify the charge against the assessee as to whether it was for concealing the particulars of income or for furnishing inaccurate particulars of income, therefore, the penalty orders passed under Section 271(1)(c) of the Act in pursuance to the said notices were rightly reversed by ld CIT(A) - SEE M/S SSA’S EMERALD MEADOWS [2015 (11) TMI 1620 - KARNATAKA HIGH COURT] AND M/S MANJUNATHA COTTON AND GINNING FACTORY & OTHS., M/S. V.S. LAD & SONS, [2013 (7) TMI 620 - KARNATAKA HIGH COURT] - Decided in favour of assessee.