TMI Blog2019 (6) TMI 397X X X X Extracts X X X X X X X X Extracts X X X X ..... gh 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 in Law and it did not specify in which limb of Section 271(1)(c) , the penalty proceedings had been in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nesh 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 section 271(1)( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 3. The 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med the Order of the Tribunal 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) 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice for levy of the penalty itself is invalid and bad in law and as such the resultant proceedings 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, ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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