2020 (2) TMI 333

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..... rtions have not been struck off. This coupled with the fact adverted to in paragraph (5) of this order, leaves no ground for interference with the impugned order. The impugned order is quite consistent with the law laid down in the case of Samson Perinchery [ 2017 (1) TMI 1292 - BOMBAY HIGH COURT] and New Era Sova Mine [ 2019 (7) TMI 1002 - BOMBAY HIGH COURT] and therefore, warrants no interfere .....

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..... tial question of law:- i) Whether on the facts and in the circumstances of the case, the Tribunal is right in law and fact, in deleting the penalty levied u/s. 271(1)(c) of the Income Tax Act, 1961? 3. Ms. Razaq, learned Advocate submits that in this case the revised returns filed by the Respondents indicated that the disclosures were made only by piecemeal. Relying upon Mak Data (P.) Lt .....

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..... d to strike down the relevant portion of the printed form in order to indicate whether the satisfaction is based upon the concealment of particulars or furnishing of inaccurate particulars. He relies on Commissioner of Income Tax-11 v/s. Shri Samson Perinchery [(2017) 392 ITR 4] and Principal Commissioner of Income Tax v/s. New Era Sova Mine [2019 SCC OnLine Bom 1032] to submit that on the bas .....

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..... sued to the assessee must indicate whether the Assessing Officer is satisfied that the case of the assessee involves concealment of particulars of income or furnishing of inaccurate particulars of income or both, with clarity. If the notice is issued in the printed form, then, the necessary portions which are not applicable are required to be struck off, so as to indicate with clarity the nature o .....

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..... ntention based upon MAK Data (P.) Ltd.(supra) also does not appeal to us in the peculiar facts of the present case. The notice in the present case is itself defective and further, there is no finding or satisfaction recorded in relation to concealment or furnishing of inaccurate particulars. 9. In Tax Appeal No.24 of 2019, based upon the identical facts, we decline to admit the appeal, in whi .....

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