2017 (4) TMI 1393

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..... Decided in favour of assessee.
Sri N.V.Vasudevan, JM & Dr.Arjun Lal Saini, AM For the Appellant : Shri Subash Agarwal, Advocate For the Respondent : Shri Rajat Kumar Kureel, JCIT. Sr.DR ORDER Per Bench These are appeals by the Assessee against different orders all dated 12.12.2016 of CIT(A)-10, Kolkata relating to A.Y.2008-09 to 2014-15. 2. In all these appeals, the Assessee has challenged the validity of the order of the CIT(A) whereby the CIT(A) confirmed the order of the AO imposing penalty on the Assessee u/s.271(1) ( c) of the Income Tax Act, 1961 (Act). 3. The facts and circumstances under which penalty u/s.271(1) ( c) of the Act was imposed on the Assessee by the AO, are as follows: The Assessee is a partnership firm enga .....

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..... he addition made by the AO as above the AO initiated proceedings against the assessee u/s 271(1)(c) of the Act and imposed penalty on the assessee. The CIT(A) confirmed the orders of AO. Aggrieved by the order of the CIT(A), the Assessee has preferred the present appeals before the Tribunal. 5. The ld. Counsel for the assessee submitted before us that the show cause notices issued u/s 274 of the Act before imposing penalty does not contain the specific charges against the assessee namely as to whether the assessee was guilty of having concealed particulars of income or having furnished inaccurate particulars of income. Copies of the show cause notices u/s 274 of the Act are placed at page-1 to 7 of the assessee's paper book and perusal of .....

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..... the case of CIT vs Manjunatha Cotton and Ginning factory (supra) came to the conclusion that imposition of penalty on defective show cause notice without specifying the charge against the assessee cannot be sustained. Our attention was also drawn to the decision of ITAT in the case of Suvaprasanna Bhattacharya vs ACIT in ITA No.1303/Kol/2010 dated 06.11.2015 wherein identical proposition has been followed by the Tribunal. 7. We have already observed that the show cause notices issued in the present cases u/s 274 of the Act do 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 notices u/s 274 of the Act do not strike out the ina .....

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