TMI Blog2018 (5) TMI 1167X X X X Extracts X X X X X X X X Extracts X X X X ..... KARNATAKA HIGH COURT] held that notice under Section 274 of the Act should specifically state the grounds mentioned in Section 271(1)(c) i.e., it was for concealment of income or for furnishing of incorrect particulars of income. Thus the Division Bench has laid down that notice of the type which is issued in this case cannot be sustained in law and consequently penalty proceedings would stand vitiated that were based on such notice. - Decided in favour of assessee - ITA No. 640/2015 - - - Dated:- 24-4-2018 - B. S. Patil And S. Sunil Dutt Yadav, JJ. For the Petitioner : Smt. Sheetal Borkar for Sri. S. Parthasarathi, Advocates For the Respondent : Sri. K.V. Aravind, Advocate JUDGMENT Appellant is a partnership firm eng ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner of Income Tax, Mysuru vide his order dated 19.10.2012. Aggrieved by the same, appellant preferred an appeal to the Income Tax Appellate Tribunal, Bengaluru in ITA.Nos. 82 83 (Bang) of 2013. By order dated 12.9.2014 Tribunal while partly allowing the appeal, rejected the contention of the appellant that entire proceedings were vitiated, in view of the defect in the notice issued on 19.12.2011. 4. Learned counsel appearing for the appellant placing strong reliance on the judgment of this Court in the case of Commissioner Of Income Tax another Vs. Manjunatha Cotton Ginning Factory reported in (2013) 359 ITR 0565 (Kar) contends that the matter is fully covered inasmuch as in similar circumstance notice issued was found to be defec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssued by the assessing officer alleging concealment of particulars of income or furnishing inaccurate particulars of income as ground for initiating proceedings for which purpose the appellant was called upon to appear and defend the proceedings under Section 271 of the Income Tax Act. 8. In the case of similar facts involved in the case of Commissioner Of Income Tax another Vs. Manjunatha Cotton Ginning Factory referred to herein above in paragraphs 61 a co-ordinate Bench of this Court has observed as under: 61. The Assessing Officer is empowered under the Act to initiate penalty proceedings once he is satisfied in the course of any proceedings that there is concealment of income or furnishing of inaccurate particulars of tot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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