2019 (6) TMI 295

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..... n initiated i.e., whether for concealment of particulars of income or furnishing inaccurate particulars of income. The entire penalty proceedings are, therefore, vitiated and no penalty is leviable. On this score itself, similar view is taken in the case of CIT vs. M/s. SSAs Emerald Meadows [ 2015 (11) TMI 1620 - KARNATAKA HIGH COURT] and this decision is confirmed by the Hon ble Supreme Court [ .....

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..... 3. The assessee filed the written statement stating therein that notice under section 271(1)(c) of the I.T. Act as enclosed Dated 26.08.2016 did not specify the exact charge of concealment or furnishing inaccurate particulars of such income. In these circumstances, notice is vague and liable to be set aside. The assessee relied upon the Order of ITAT, Delhi C-Bench in the case of Bharat .....

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..... ion 1, 2, 3, 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. T .....

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