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TMI Blog2019 (7) TMI 1027X X X X Extracts X X X X X X X X Extracts X X X X ..... (7) TMI 776 - ANDHRA PRADESH HIGH ] that the penalty proceedings initiated without indicating the specific charge is invalid. The Ld.CIT(A) considered the decision of jurisdictional High Court and the decision of this Tribunal and held that the initiation of penalty proceedings are invalid and accordingly cancelled the penalty There is no dispute that in the instant case, the AO had initiated the penalty without striking irrelevant columns and created ambiguity with regard to which act of the assessee, penalty was initiated whether for concealment of income or for furnishing inaccurate particulars. The case laws relied upon by the Ld.CIT(A) are squarely covered in favour of the assessee and against the revenue - I.T.A.No.169-172/VIZ/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7,31,64,876 2012-13 2,00,64,160 2013-14 6,19,68,644 2.1. The Assessing Officer (AO) has initiated the penalty u/s 271(1)(c) and completed the penalty proceedings imposing the penalty for the A.Y. 2009-10 and 2011-12 to 2013-14 as under : A.Y. Penalty (Rs.) 2009-10 65,26,080 2011-12 2,26,07,947 2012-13 60,47,385 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heard both the parties and perused the material placed on record. In the instant case, the AO initiated penalty by issue of defective notice without striking irrelevant columns in the notice in the preprinted proforma thus causing ambiguity to the assessee for which act of the assessee the AO sought explanation whether it is for concealment of income or for furnishing inaccurate particulars. It is settled issue by Hon ble High Court of Andhra Pradesh (supra) that the penalty proceedings initiated without indicating the specific charge is invalid. The Ld.CIT(A) considered the decision of jurisdictional High Court and the decision of this Tribunal and held that the initiation of penalty proceedings are invalid and accordingly cancelled the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t indicating specific charge or imposing penalty on both counts is invalid. The Hon'ble Supreme Court, in the case of SSA's Emerald Meadows [2016] 73 Taxmann.com 248 (SC), affirmed, while, dismissing the SLP, the order of the Hon'ble High Court of Karnataka in the case of (Manjunatha Cotton and Ginning Factory (2013) 359 ITA 565), wherein it was held that penalty proceedings are invalid if relevant limb/charge is not striked off. The decision of Hon'ble High Court of Andhra Pradesh Telangana in the case of Chennakesava Pharmaceuticals v. CIT [2013] 30 taxmann.com 385 (AP) was followed by Hon'ble ITAT in various cases including that of Smt P Sharada Devi Hyderabad in ITA No.1571/Hyd/2016 order dated 25-09-2017, wherein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss a substantial one, arising for consideration warranting admission of this appeal The jurisdictional tribunal ITAT, Visakhapatnam, by following the decision of the jurisdictional High Court mentioned supra decided very recently the cases of Konchada Sree Ram Vs ITO, W-1(1), Visakhapatnam, Smt.Makina Annapurna Vs. ITO. Visakhapatnam in ITA Nos.604 605/Vizag/2014 dated 02-02-2017. These judgements are squarely applicable to the case at hand, in view of the factual position, as discussed in paras 5.2 5.3 above. Therefore, respectfully following the judgements of the various courts, including those of the Hon ble Jurisdictional High Court and Hon'ble Jurisdictional ITAT, which are discussed above, it is held that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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