TMI Blog2019 (7) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... as income. We find that both the charges i.e. concealment of particulars of income as well as furnishing incorrect particulars of income are mentioned. A.O has failed to level specific charge against the assessee as to whether she has concealed particulars of income or furnished inaccurate particulars of income. In case of such failure the impugned notice issued u/s 274 r.w.s. u/s 271(1)(c) of the Act suffers from a technical defect and as held in the case of PCIT Vs Kulwant Singh Bhatia [ 2018 (5) TMI 960 - MADHYA PRADESH HIGH COURT] such proceedings initiated by issuance of defective notice u/s 274 r.w.s. 271(1)(c) are liable to be quashed. - Decided in favour of assessee. - ITA No.689/Ind/2018 - - - Dated:- 27-6-2019 - Kul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct. Assessee appeal before the Ld. CIT(A) did not bring any relief. Now the assessee is in appeal before the Tribunal. 3. Ld. Counsel for the assessee requested for deleting the penalty by submitting that the assessee was of genuine belief that the amount of ₹ 2,00,000/- received from General Electoral Trust was exempt from tax and this amount has already been spent and nothing is left with the assessee. Ld. Counsel also submitted that the impugned notice issued u/s 271(1)(c) r.w.s. 148 of the Act suffers from technical error as no specific charge has been leveled against the assessee in the notice issued. 4. Per contra Ld. Departmental Representative vehemently argued and supporting the orders of lower a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... echnical defect and as held by Hon'ble Jurisdictional High Court in the case of PCIT Vs Kulwant Singh Bhatia ITA No.9 of 2018 dated 9.5.2018 such proceedings initiated by issuance of defective notice u/s 274 r.w.s. 271(1)(c) are liable to be quashed. We accordingly allow the legal issue raised by the assessee and delete the penalty of ₹ 50,000/- levied u/s 271(1)(c) of the Act. 7. Since we have already quashed the penalty of ₹ 50,000/- levied u/s 271(1)(c) on legal ground, adjudication of issue on merits becomes merely academic and thus infructuous. 8. In the result the appeal of the assessee is allowed. The order pronounced in the open Court on 27.06.2019. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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