TMI Blog2018 (11) TMI 1327X X X X Extracts X X X X X X X X Extracts X X X X ..... dhu, Judicial Member For the Appellant : Shri M.R. Sahu, CA For the Respondent : Shri S.L. Anuragi, Sr. DR ORDER This appeal filed by the Assessee is directed against the Order dated 23.4.2018 of the Ld. CIT(A)-I, Gurgaon relevant to assessment year 2012-13 on the following grounds: - 1. That having regard to the facts and circumstances of the case Ld. CIT(A) has erred in law and on facts in confirming the action of AO in levying penalty under section 271(109c0 of ₹ 1,85,400/- and that too without assuming jurisdiction as per law and without considering the facts and circumstances of the case impugned penalty order being illegal and void ab initio. 2. That under the facts and circumstances of the case and in law, notice dated 20.3.2015 issued by AO under Section 274 read with section 271 was bad in law and defective as it did not specify under which limb of section 271(1) penalty proceedings had been initiated i.e. whether for concealment of particulars of income or furnishing of inaccurate particulars of income. 3. That under the facts and circumstances of the case and in law notice issued under section 274 read with section 271 was defecti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 61 No .dated or have without reasonable cause failed to furnish it within the time alalowed and the manner required by the said section 139(1) or by such notice. * have concealed the particulars of your income or furnished inaccurate particulars of such income. * have without reasonable cause failed to comply with a notice under section 142(1)/143(2) of the Income Tax Act, 1961 dated . 2. You are hereby required to appear before me on 09.4.2015 at 10:15 AM and show cause as to why an order imposing a penalty on you should not be made under section 271(1) of the Income Tax Act, 1961. If you do not wish to avail yourself of this opportunity to being heard in person or through authorized representative you may show cause in writing on or before the said date which will be considered before any such order is made under section 271(1) of the Income Tax Act, 1961. 5.1 After perusing the aforesaid contents of the Notice dated 17/20.03.2015, I am of the view that the AO has initiated the penalty for concealment of particulars of income or furnishing of inaccurate particulars, which is contrary to the provisions of law. I am also of the view that notice issued b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M on 26/04/2013 and issued a Show Cause to the assessee stating therein that ..you have concealed the particulars of your income or furnished inaccurate particulars of such income . After perusing the notice dated 26.3.2013 issued by the AO to the assessee, we are of the view that the AO has initiated the penalty for furnishing inaccurate particulars of income or concealment of income as well as in the penalty order dated 30.9.2013 AO has stated that he is satisfied that the assessee has concealed particulars of his income, which is contrary to law. In view of above, the penalty is not sustainable in the eyes of law. Our aforesaid view is fortified by the following decisions:- i) CIT Anr. Vs. M/s SSA s Emerald Meadows 2015 (11) TMI 1620 Karnataka High Court has held that Tribunal has correctly allowed the appeal filed by the assessee holding the notice issued by the Assessing Officer under section 274 read with Section 271(1)(c) to be bad in law as it did not specify which limb of Section 271(1) of the Act, the penalty proceedings had been initiated i.e., whether for concealment of particulars of income or furnishing of inaccurate particulars of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty order dated 06.11.2009 he has stated that he is satisfied that the assessee has furnished the inaccurate particulars of income. 7.1 However, the Ld. CIT(A) has given clear finding regarding the furnishing of inaccurate particulars. For the sake of convenience, the relevant para no. 5.3.1 of the impugned order passed by the Ld. CIT(A) is reproduced as under:- 5.3.1 The above findings of the Ld. CIT(A) clearly establishes that the appellant has concealed the income of ₹ 26,50,500/- and did not declare in the return of income inspite of admitting a disclosure of ₹ 40,00,000/- during survey. Thus, the appellant has furnished inaccurate particulars of his income. The facts of the case clearly reveal that the appellant tried to evade payment of taxes by furnishing inaccurate particulars of income. Therefore, I hold that the AO was fully justified in levying the penalty u/s. 271(1)(c) of the Act. The penalty levied by the AO is upheld. This ground of appeal is rejected. 8. Keeping in view of the aforesaid finding of the Ld. CIT(A), we are of the considered view that the AO has passed the assessment order wherein the AO has recorded his satisfaction on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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