TMI Blog2023 (5) TMI 1057X X X X Extracts X X X X X X X X Extracts X X X X ..... reby obliterated. Also quantum addition stands deleted. And hence, the penalty proceedings do not survive - Appeal of assessee allowed. - ITA No. 178/DDN/2019 And ITA No. 179/DDN/2019 - - - Dated:- 23-5-2023 - Sh. Saktijit Dey, Judicial Member And Dr. B. R. R. Kumar, Accountant Member For the Assessee : Sh. Hemant Arora, CA And Sh. Pavitra H. Arora, CA For the Revenue : Sh. Mayank P. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e does not specify the specific default for which penalty notice has been issued. 3. On the facts and in the circumstances of the case and in law the CIT(A) was incorrect and unjustified in upholding the levy of penalty u/s 271(1)(c) on the basis of penalty notice where inappropriate words out of concealment of income or filing of inaccurate particulars of income has not been struck off. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . On the facts and in the circumstances of the case and in law the CIT(A) was incorrect and unjustified in upholding the penalty even when appeal to the ITAT against the order of the CIT(A) for the year under consideration was pending. 8. On the facts and in the circumstances of the case and in law the CIT(A) was incorrect and unjustified in upholding the penalty even when the penalty notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 271(1)(c): Penalty-Concealment-Non-striking off of the irrelevant part while issuing notice u/s 271(1)(c) of the Income Tax Act, order is bad in law. Assessee must be informed of the ground of the penalty proceedings only through statutory notice. An omnibus notice suffers from the vice of vagueness. 3) The Hon ble jurisdictional Delhi High Court in the case of PCIT vs. Sahara India Life ..... X X X X Extracts X X X X X X X X Extracts X X X X
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