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2021 (12) TMI 24 - CALCUTTA HIGH COURTRevision u/s 271(1)(c) - Defective notice u/s 274 - HELD THAT:- Tribunal is in full consonance with the law laid down by the various High Court as well as Hon’ble Supreme Court on the subject issue. The learned Senior Counsel appearing for the respondent has placed before us the decision of this case in the case of Principal Commissioner of Income Tax – 19 Kolkata Vs.Dr. Murari Mohan Koley [2018 (9) TMI 1 - CALCUTTA HIGH COURT] taking note of the various decisions including the decision in the case of Manjunatha Cotton [2013 (7) TMI 620 - KARNATAKA HIGH COURT] which was affirmed by the Hon’ble Supreme Court as the appeal filed by the revenue was dismissed by the Hon’ble Supreme Court. The Supreme Court has also taken note of the decision of AMSON PERINCHERY [2017 (1) TMI 1292 - BOMBAY HIGH COURT] and ultimately held that the show cause notice issued under Section 274 of the Act does not specify the charge against the assessee as to whether it is concealing particulars of income or furnishing inaccurate particulars of income and, therefore, the show cause notice was defective. The decision of this Court in the case of Dr. Murari Mohan Koley (supra) will apply with full force. Thus we are of the considered view that the order passed by the Tribunal does not call for any interference. Accordingly, appeal fails and the substantial questions are answered against the revenue.
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