TMI Blog2023 (8) TMI 1373X X X X Extracts X X X X X X X X Extracts X X X X ..... ispute that none of the penalty notices issued to the respondent/assessee for the aforementioned AYs advert to the specific limb of Section 271(1)(c) which is triggered against him. It is not clear whether the AO intended to levy a penalty on the respondent/assessee for concealment of particulars of his income, or furnishing inaccurate particulars. This issue is covered against the appellant/reven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Income Tax Appellate Tribunal. 3. Counsel for the appellant/revenue does not dispute that none of the penalty notices issued to the respondent/assessee for the aforementioned AYs advert to the specific limb of Section 271(1)(c) of the Income Tax Act, 1961 [in short, the Act ] which is triggered against him. 4. In other words, it is not clear whether the Assessing Officer (AO) intended to levy a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SA s Emerald Meadows, passed in ITA No. 380/2015, dated 23.11.2015. (ii) Commissioner of Income Tax v Manjunatha Cotton and Ginning Factory (2013) 359 ITR 565 (Kar.) (iii) PCIT vs M/s Sahara India Life Insurance Company Ltd., passed in ITA No.475/2019, dated 02.08.2019. 7.1. To be noted, the Special Leave Petition filed against the judgement in SSA s Emerald (mentioned above) was dismissed via ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his is evident from the following observation made by the AO: Penalty proceeding u/s 271(1)(c) is being initiated separately for concealment of income for furnishing inaccurate particulars of income. 20. We may note, that another coordinate bench of this Court, of which one of us [i.e., Rajiv Shakdher, J.] was a party has reached the same conclusion in PCIT vs. Minu Bakshi 222 (7) TMI 1370-Delhi. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmitted by the respondent/assessee. In a given case, where concealment has taken place, a heavier burden may be imposed, than in a situation where an assessee is involved in furnishing inaccurate particulars. 23. Therefore, it is necessary for the AO to indicate, broadly, as to the provision/limb under which penalty proceedings are triggered against the assessee. [Emphasis is ours] 6. In view of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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