TMI Blog2022 (10) TMI 987X X X X Extracts X X X X X X X X Extracts X X X X ..... ertent and bona fide error and no contumacious conduct has been established by the assessing officer. The revenue filed appeal before the Tribunal. The Tribunal after considering the correctness of the order passed by the CIT also found that notice issued by the assessing officer under Section 271(1)(c) of the Act was defective, inasmuch as the irrelevant portion of the notice has not been struck ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vagnanam And The Hon ble Justice Supratim Bhattacharya For the Appellant : Mr. Soumen Bhattacharjee, Adv. For the Respondent : Mr. J.P. Khaitan, Sr. Adv., Mr. Pranit Kr. Bag, Adv., Mr. Snehashis Sen, Adv., Mr. Abhishek Banerjee, Adv. And Mr. Aditya Sarkar, Adv. ORDER The Court : We have heard Mr. Soumen Bhattacharjee, learned standing Counsel for the appellant and Mr. J.P. Khait ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following substantial questions of law for consideration :- a) Whether on the facts and in the circumstances of the case and in law, the Learned Income Tax Appellate Tribunal erred in mechanically holding the notice for imposition of penalty as invalid, because of not striking off the inaccurate particular of income portion in the notice under section 274 of the Income Tax Act, 1961 for initi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... because of an addition stands confirmed penalty under Section 271(1)(c) is not automatic. The CIT(A) examined the fact of the case and after taking note of the decision of the Supreme Court in Pricewaterhousecoopers Pvt. Ltd. Vs. CIT, (2012) 348 ITR 306 (SC). On facts it is found that the assessee s aim to offer interest income on income tax refund was an inadvertent and bona fide error and no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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