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2019 (10) TMI 250

..... penalty proceedings have been initiated - HELD THAT:- A.O. issued show cause notice for levy of penalty in which A.O. has mentioned both the limbs of section 271(1)(c) of the Act that assessee has concealed the particulars of income or furnished inaccurate particulars of such income. The issue of the notice is bad in law as it did not specify under which limb of Section 271(1)(c) of the I.T. Act, .....

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..... .S. Rana, CIT-D.R. ORDER PER BHAVNESH SAINI, J.M. This appeal by Assessee has been directed against the Order of the Ld. CIT(A), Faridabad, Dated 01.07.2016 for the A.Y. 2009-2010, challenging the levy of penalty under section 271(1)(c) of the I.T. Act, 1961. 2. We have heard the Learned Representatives of both the parties. 3. The assessee has challenged the levy of penalty in this case as well as .....

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..... may be noted that hearing with respect to imposition of penalty u/s 271(l)(c) in your case for the assessment year 2009-10 is fixed for 23.02.2015 at 11:30 A.M. It is requested that you may either attend or submit a written reply to this office by the said date, failing which it shall be presumed that you have nothing to say in this matter and your case shall be decided on merits. If you have alr .....

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..... ted under i.e. whether for concealment of particulars of income or for furnishing of inaccurate particulars of income. The Karnataka High Court had followed the above judgment in the subsequent order in Commissioner of Income Tax v. SSA s Emerald Meadows (2016) 73 Taxman.com 241 (Kar), the appeal against which was dismissed by the Supreme Court of India in SLP No.11485 of 2016 by order dated 5th A .....

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..... is bad in law as it did not specify under which limb of Section 271(1)(c) of the I.T. Act, penalty proceedings have been initiated whether for concealment of particulars of income or furnishing of inaccurate particulars of income. The issue is, therefore, covered by Judgment of Hon ble Karnataka High Court in the case of CIT vs. M/s. SSAs Emerald Meadows 73 taxmann.com 241 (Kar.) and confirmed by .....

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