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2019 (6) TMI 397

account of commission - HELD THAT:- Penalty is not leviable in the matter. The Hon’ble Karnataka High Court in the case of CIT vs. M/s. SSAs Emerald Meadows [2015 (11) TMI 1620 - KARNATAKA HIGH COURT] confirmed by [2016 (8) TMI 1145 - SC ORDER] in which the Tribunal has allowed the appeal filed by assessee holding that notice issued by the A.O. under section 274 r.w.s. 271(1)(c), to be bad i .....

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Decided in favour of assessee - ITA.No.7657/Del./2018 - 6-6-2019 - Shri Bhavnesh Saini, Judicial Member For the Assessee : Shri M.P. Gupta And Shri M.K. Gupta, Advocates For the Revenue : Shri V.R. Sonbhadra, Sr.DR ORDER This appeal by Assessee has been directed against the Order of the Ld. CIT(A)-14, New Delhi, Dated 27.09.2018, for the A.Y. 2014-2015, challenging the levy of penalty under sectio .....

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he Learned Counsel for the Assessee, at the outset, contended that show cause notice dated 28.12.2016 issued before levy of the penalty is invalid and is bad in law. The same is reads as under : Have concealed the particulars of your income or furnished inaccurate particulars of such income in terms of Explanation 1, 2, 3, 4 and 5. 3.1. He has submitted that A.O. has not specified in which limb of .....

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that notice issued by the A.O. under section 274 r.w.s. 271(1)(c) of the I.T. Act, 1961, to be bad in Law and it did not specify in which limb of Section 271(1)(c) of the I.T. Act, 1961, the penalty proceedings had been initiated i.e., whether for concealment of particulars of income or furnishing inaccurate particulars of income. The decision of Hon ble Karnataka High Court in the case of CIT vs .....

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gs have been vitiated. Once the assessee challenged the assumption of jurisdiction of the A.O. it would include the validity of the show cause notice which is mandatory before levy of the penalty. Since the notice itself is not legal, therefore, no penalty could be levied against the assessee. I, accordingly, set aside the Orders of the authorities below and cancel the penalty. 6. In the result, a .....

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