TMI Blog2019 (9) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... eedings had been initiated i.e., whether for concealment of particulars of income or furnishing inaccurate particulars of income. The entire penalty proceedings are, therefore, vitiated and no penalty is leviable. On this score itself similar view is taken by Hon ble Karnataka High Court in the case of CIT vs. M/s. SSAs Emerald Meadows [ 2016 (8) TMI 1145 - SC ORDER]. Also see M/S. SAHARA INDI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice dated 26.12.2016 issued before levy of penalty in which A.O. has mentioned 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. 2.1. He has also referred another notice issued by the A.O. before levy of the penalty Dated 31.05.2017 in which A.O. has mentioned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 019 (8) TMI 409 (Del.) vide Judgment Dated 02.08.2019 in paras 21 and 22 the Hon ble Delhi High Court held as under : 21. The Respondent had challenged the upholding of the penalty imposed under Section 271(1) (c) of the Act, which was accepted by the ITAT. It followed the decision of the Karnataka High Court in CIT v. Manjunatha Cotton Ginning Factory 359 ITR 565 (Kar) and ob ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able in the matter. 3. The Ld. D.R. on the other hand relied upon the Orders of the authorities below. 5. After considering the rival submissions, I am of the view that penalty is not leviable in the matter. In the above cases, the A.O. issued show cause notices for levy of penalty under section 271(1)(c) of the Act which is bad in law as it did not specify in whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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