TMI Blog2019 (10) TMI 453X X X X Extracts X X X X X X X X Extracts X X X X ..... rate 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, penalty proceedings have been initiated whether for concealment of particulars of income or furnishing of inaccurate particulars of income. See M/S SSA'S EMERALD MEADOWS [ 2016 (8) TMI 1145 - SC ORDER] - Decided in favour of assessee. - ITA. No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al stating therein that levy of the penalty is unjustified because A.O. has not specified whether penalty have been levied for concealment of particulars of income or furnishing inaccurate particulars of income. Since it is a legal issue, therefore, same is admitted for disposal of the appeal. 4. Learned Counsel for the Assessee referred to show cause notice Dated 28.03.2013 which was iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not specify which limb of Section 271(1) (c) the penalty proceedings had been initiated 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as 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, 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 bl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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