TMI Blog2018 (5) TMI 1863X X X X Extracts X X X X X X X X Extracts X X X X ..... inappropriate words in the penalty notice issued u/s 274 r.w.s. 271 of the I.T. Act. As relying on SSA'S EMERALD MEADOWS [2016 (8) TMI 1145 - SUPREME COURT]very initiation of penalty proceeding is bad in law since notice issued by the Assessing Officer u/s 274 r.w.s. 271 does not specify under which limb of section 271(1)(c), the penalty proceeding has been initiated i.e. whether for concealment of particulars of income or for furnishing of inaccurate particulars of income. - Decided in favour of assessee. - ITA No.6044/Del/2015 - - - Dated:- 31-5-2018 - SHRI R. K. PANDA, ACCOUNTANT MEMBER AND SMT. BEENA A. PILLAI, JUDICIAL MEMBER For the Appellant : Shri Ved Jain, Adv. For the Respondent : Shri Arun Kumar Yadav, Sr.DR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssing Officer has not struck off the inappropriate words in the said notice. Referring to the decision of the Hon ble Supreme Court in the case of CIT vs. M/s SSA s Emerald Meadows vide CC No.11485/2016 order dated 05.08.2016, he submitted that the Hon'ble Supreme Court in the said decision has dismissed the SLP filed by the Revenue thereby upholding the decision of the Hon ble Karnataka High Court wherein it has been held that the notice issued by the Assessing Officer u/s 274 r.w.s. 271 is bad in law as it did not specify under which limb of section 271(1)(c), the penalty proceedings has been initiated i.e. whether for concealment of particulars of income or for furnishing of inaccurate particulars of income. 7. Referring to the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l arguments made by both the sides and perused the material available on record. A perusal of the notice issued u/s 274 r.w.s. 271 of the I.T. Act dated 28.02.2014, copy of which is placed at page 15 of the Paper Book, shows that the Assessing Officer has not struck off the inappropriate words. A perusal of the assessment order shows that the Assessing Officer at the end of the assessment order has mentioned penalty proceedings u/s 271(1)(c) have separately been initiated . This does not show as to whether the penalty has been initiated for furnishing of inaccurate particulars of income or for concealment of income. As mentioned earlier, the Assessing Officer has not struck off the inappropriate words in the penalty notice issued u/s 274 r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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