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2018 (5) TMI 1581 - AT - Income TaxPenalty u/s. 271(1)(c) - non specifying the limb as to whether the assessee has concealed his income or has furnished any inaccurate particulars - Held that - As observed that the show cause notice issued in the present case u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income. The show cause notice u/s 274 of the Act does not strike out the inappropriate words. In these circumstances we are of the view that imposition of penalty cannot be sustained. See JEETMAL CHORARIA VERSUS A.C.I.T. CIRCLE-43 2017 (12) TMI 883 - ITAT KOLKATA - Decided in favour of assessee.
Issues Involved:
1. Deletion of penalty imposed under Section 271(1)(c) of the Income-tax Act, 1961. 2. Validity of the show cause notice issued under Section 274 of the Income-tax Act, 1961. Detailed Analysis: 1. Deletion of Penalty Imposed under Section 271(1)(c) of the Income-tax Act, 1961: The revenue challenged the order of the Commissioner of Income Tax (Appeals) [CIT(A)] for deleting the penalty of ?42,83,199/- imposed under Section 271(1)(c) of the Income-tax Act, 1961. The penalty was initially imposed by the Assessing Officer (AO) following a search and seizure operation conducted on the 'Rupa Group' on 07.11.2013. The assessee, in this case, had initially filed a return declaring an income of ?12,216/- but later, in response to a notice under Section 153C, revised the return declaring an income of ?1,43,74,816/-. The AO, upon finding discrepancies and concealed income, initiated penalty proceedings under Section 274 read with Section 271(1)(c) and imposed the penalty, which was later deleted by the CIT(A). The Tribunal upheld the deletion by CIT(A), noting that the penalty proceedings were not validly initiated due to a defective show cause notice. 2. Validity of the Show Cause Notice Issued under Section 274 of the Income-tax Act, 1961: The primary contention of the assessee was that the show cause notice issued under Section 274 read with Section 271 of the Act did not specify the exact charge against the assessee—whether it was for concealment of particulars of income or for furnishing inaccurate particulars of income. This ambiguity was evident as the AO did not strike out the irrelevant portion in the notice, making it unclear. The Tribunal referred to several judicial precedents, including the Hon’ble Karnataka High Court’s decision in CIT vs. SSA’s Emerald Meadows and CIT vs. Manjunatha Cotton and Ginning Factory, which held that such ambiguity renders the penalty proceedings invalid. The Tribunal also noted that the Hon’ble Supreme Court had dismissed the Special Leave Petition (SLP) against the Karnataka High Court’s decision, reinforcing the requirement for a clear and specific charge in the show cause notice. The Tribunal found that the show cause notice in this case suffered from the same defect and thus, the imposition of penalty could not be sustained. Conclusion: The Tribunal dismissed the revenue’s appeal and upheld the CIT(A)’s order deleting the penalty imposed by the AO. The cross-objection filed by the assessee was deemed infructuous and dismissed accordingly. The Tribunal’s decision was pronounced in the open court on 23.05.2018.
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