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2018 (8) TMI 667

ice issued under section 274 read with section 271(1)(c) doesn’t specify the exact charge against the assessee as to whether it relates to concealing the particulars of income or furnishing inaccurate particulars of income. - The factum of non- striking off of the irrelevant clause in the notice issued under section 274 read with section 271(1)(c) is hereby held as reflective of non- application of mind by the AO, the penalty imposed U/s 271(1)(c) is deleted. - Decided in favor of assessee. - ITA. No. 789/JP/2015 - 7-8-2018 - SHRI VIJAY PAL RAO, JM AND SHRI VIKRAM SINGH YADAV, AM For The Assessee : Shri Satish Kumar Gupta (Adv.) For The Revenue : Smt. Punam Rai (DCIT) ORDER PER: VIKRAM SINGH YADAV, A.M. This is an appeal filed by the as .....

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dditional ground being a purely legal ground, the same is being admitted for adjudication. 4. Briefly the facts of the case are that the assessment was competed U/s 143(3) of the Act wherein the AO made addition U/s 68 on account of sundry deposits amounting to ₹ 8,96,547/-. The penalty proceedings were separately initiated by issuance of notice U/s 274 r.w.s. 271(1)(c) of the IT Act dated 23.12.2010 for concealment of income or furnishing of inaccurate particulars of income. The assessee has challenged the said addition before the ld. CIT(A) and the same has been confirmed hence, in the quantum proceedings, the matter has attained finality. Thereafter the AO passed the penalty order dated 28.03.2013 where penalty on addition so susta .....

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we refer to the penalty notice dated 18.03.2013 which talks about assessee concealing the particulars of income or furnishing inaccurate particulars of income. The notice doesn t specify the exact charge against the assessee as to whether it relates to concealing the particulars of income or furnishing inaccurate particulars of income. The subsequent notice dated 17.08.2015 is against silent on the exact charge against the assessee. It is a settled position in law that the imposition of penalty under section 271(1)(c) is invited when the conditions specified therein are satisfied and further, the two expressions concealing the particulars of income and furnishing inaccurate particulars of income denote different connotations. It is therefor .....

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he has to submit his defence. 16. Here, we refer to the decision of Hon ble Supreme Court in case of Dilip N Shroff reported in 161 Taxman 218 where it was held as under: 83. It is of some significance that in the standard proforma used by the Assessing Officer in issuing a notice despite the fact that the same postulates that inappropriate words and paragraphs were to be deleted, but the same had not been done. Thus, the Assessing Officer himself was not sure as to whether he had proceeded on the basis that the assessee had concealed his income or he had furnished inaccurate particulars. Even before us, the learned Additional Solicitor General while placing the order of assessment laid emphasis that he had dealt with both the situations. .....

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