TMI Blog2020 (3) TMI 599X X X X Extracts X X X X X X X X Extracts X X X X ..... r.w.s 271(1)(c) of the Act to be bad in law as it did not specify which limb of section 271(1)(c) of the Act the penalty proceedings had been initiated i.e. whether for concealment of particulars of income or furnishing of inaccurate particulars of income. The issue was decided in favour of the assessee. - ITA No. 2886/DEL/2019 - - - Dated:- 12-3-2020 - Shri N.K. Billaiya, Accountant Member For the Assessee : None For the Revenue : Shri Senkar Navkor, Sr. DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER: This appeal by the assessee is preferred against the order of the Commissioner of Income Tax [Appeals] - 24, dated 23.01.2019 pertaining to assessment year 2010-11. 2. The sum and substance of the grievance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e u/s 274 of the Act which was issued and served upon the assessee is as under: To M/s Vinayak Remedies Ltd. 1141/1,16 Behind Bagga Link service Station, Rithala, New Delhi-110086 Whereas in the course of proceedings before me for the assessment year 2010-11 it appears to me that you:- I have without reasonable cause failed to comply with a notice u/s 142(1)/143(2) of the Income tax Act, 1961. I have concealed the particulars of your income or furnished inaccurate particulars of such income in terms of explanation 1,2,3,4 and 5. You are hereby requested to appear before me at 02.00 AM/P.M. on 29-08-2017 and show cause why an order imposing a penalty on you should not be made under section 271 of the Income Tax Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 August, 2016. 11. If the notice is read with the decision of the Hon'ble High Court of Delhi [supra], in our considered opinion, the penalty will not survive. It would not be out of place to refer to the decision of the Hon'ble High Court of Delhi in the case of Virgo Marketing Pvt Ltd [2008] 171 Taxmann 156 [Delhi] wherein the Hon'ble High Court held as under: We are unable to discern from a reading of the assessment order why th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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