2019 (6) TMI 242

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..... come. The entire penalty proceedings are, therefore, vitiated and no penalty is leviable. On this score itself, similar view is taken by Hon ble Karnataka High Court in the case of CIT vs. M/s. SSAs Emerald Meadows [ 2015 (11) TMI 1620 - KARNATAKA HIGH COURT] and confirmed by [ 2016 (8) TMI 1145 - SC ORDER] . On similar set of facts, the ITAT, Delhi Benches are taking a consistent view that i .....

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..... 8, for the A.Y. 2010-2011, challenging the levy of penalty under section 271(1)(c) of the I.T. Act, 1961. 2. I have heard the Learned Representatives of both the parties and perused the material available on record. 3. Learned Counsel for the Assessee submitted that A.O. before levy of the penalty issued show cause notice Dated 08.03.2016 which is invalid and defectiv .....

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..... 4 5. 5.1. These facts, therefore, clearly show that notice issued by the A.O. for levy of penalty under section 271(1)(c) of the Act to be bad in law as it did not specify in which limb of Section 271(1)(c) of the Act, the penalty proceedings had been initiated i.e., whether for concealment of particulars of income or furnishing inaccurate particulars of income. The entire pena .....

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