TMI Blog2020 (3) TMI 878X X X X Extracts X X X X X X X X Extracts X X X X ..... not survive. As decided in M/S SSA'S EMERALD MEADOWS [ 2016 (8) TMI 1145 - SC ORDER] issued by the Assessing Officer u/s 274 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. 4419/DEL/2019 - - - Dated:- 19-3-2020 - Shri N.K. Billaiya, Accountant Member For the Assessee : None For the Revenue : Shri Gaurav Dudiya, Sr. DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER: This appeal by the assessee is preferred against the order of the Commissioner o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dings before me for the assessment year 2009-10, it appears to me that you :- nave without reasonable cause failed to furnish me return of income which you were required to furnish by a notice given under section 22(1 )/22(2)/34 of the Indian income-tax Act, 1922 or which you were required to furnish under section-139(1) or by a notice given under section 139(2)/148 of the Income-tax Act, 1961,., No. dated or have without reasonable cause failed to furnish it within the time allowed and the manner required by the said Section 139(1) or by such notice. have without reasonable cause failed to comply with a notice under section 22(4)/23(2) of the Indian Income-tax Act, 1922 or under Section 142(1 )/13(2) of the Income-tax Act, 1961 N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 274 r.w.s. 271 of the Act. From the penalty order, it is clear that penalty has been imposed on account of furnishing of inaccurate particulars. Entire facts and background of the case should be kept in mind and mere mistake in the language should not vitiate the proceeding. 6.3 Reliance in this regard is placed on the decisions of the Hon'ble Madras High Court in the case of M/s Sundaram Finance Ltd. vs. ACIT, Chennai, TC (Appeal) No. 876 877 of 2008 dated 23/04/2018 and Trimurti Engineering Works vs. ITO [2012] 25 taxmann.com 363 (Delhi). 7. A perusal of the aforementioned notice clearly shows that the Assessing Officer did not specify under which limb of the provision he has initiated the proceedings. Moreover, the pena ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vive. 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 the Assessing Officer chose to initiate penalty proceedings against the assessed and under which part of Section 271(1)(c) of the Act. In other words, we are unable to discern from the assessment order the reason for initiating penalty proceedings. Therefore, the concurrent view held by both the authorities below must be accepted. 12. Further, the Hon'ble Supreme Court in the case of SSA s Emerald Meadows Pvt Ltd [2016] 8 TMI 1145 , relied upon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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