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TMI Blog2019 (10) TMI 453X X X X Extracts X X X X X X X X Extracts X X X X ..... on 271(1)(c) of the Act that assessee has concealed the particulars of income or furnished inaccurate particulars of such income. The issue of the notice is bad in law as it did not specify under which limb of Section 271(1)(c) of the I.T. Act, penalty proceedings have been initiated whether for concealment of particulars of income or furnishing of inaccurate particulars of income. See M/S SSA S E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the penalty is unjustified because A.O. has not specified whether penalty have been levied for concealment of particulars of income or furnishing inaccurate particulars of income. Since it is a legal issue, therefore, same is admitted for disposal of the appeal. 4. Learned Counsel for the Assessee referred to show cause notice Dated 28.03.2013 which was issued for levy of penalty in which the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eedings had been initiated under i.e. whether for concealment of particulars of income or for furnishing of inaccurate particulars of income. The Karnataka High Court had followed the above judgment in the subsequent order in Commissioner of Income Tax v. SSA's Emerald Meadows (2016) 73 Taxman.com 241 (Kar), the appeal against which was dismissed by the Supreme Court of India in SLP No.11485 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me. The issue of the notice is bad in law as it did not specify under which limb of Section 271(1)(c) of the I.T. Act, penalty proceedings have been initiated whether for concealment of particulars of income or furnishing of inaccurate particulars of income. The issue is, therefore, covered by Judgment of Hon'ble Karnataka High Court in the case of CIT vs. M/s. SSAs Emerald Meadows 73 taxmann.com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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