TMI Blog2020 (2) TMI 1304X X X X Extracts X X X X X X X X Extracts X X X X ..... H COURT] quash the impugned penalty imposed by the Assessing Officer under section 271(1)(c) of the Act and confirmed by the Ld. CIT(A). - Decided in favour of assessee. - ITA No. 2044/Kol/2018 - - - Dated:- 19-2-2020 - Sri J. Sudhakar Reddy, Accountant Member Sri S.S. Godara, Judicial Member Shri Supriyo Pal, JCIT Sr. D/R, appearing on behalf of the Revenue. ORDER J. Sudhakar Reddy, This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals) Asansol, (hereinafter the ld.CIT(A) ), passed u/s. 250 of the Income Tax Act, 1961 (the Act ), dt. 16/07/2018, for the Assessment Year 2008-09, wherein he has confirmed the penalty levied u/s 271(1)(c) of the Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the decision of the Hon'ble Karnataka High Court in the case of CIT vs. SSA's Emerald Meadows in ITA No.380 of 2015 dated 23.11.2015 wherein the Hon'ble Karnataka High Court following its own decision in the case of CIT vs Manjunatha Cotton and Ginning factory (2013) 359 ITR 565 took a view that imposing of penalty u/s. 271(1)(c) of the Act is bad in law and invalid for the reason that the show cause notice u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealment of particulars of income or furnishing of inaccurate particulars of income. The ld. Counsel further brought to our notice that as against the decision of the Hon'ble Karnataka High Court the revenue preferred an appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore hold that imposition of penalty in the present case cannot be sustained and the same is directed to be cancelled. Mr. Chowdhury in course of argument has urged us to remand the matter before the assessing officer. According to him, this was a technical flaw, which the Revenue must be given a chance to cure. The reason why the penalty order was not sustained by the Tribunal appears from the passages of the decision of the Tribunal quoted earlier in this judgement. We find that there was no specific charge against the assessee in the notice. Revenue has missed out their opportunity to subject the assessee to the penalty proceeding by not issuing a proper notice. No specific case has been made out by the Revenue as to why the mat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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