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TMI Blog2020 (5) TMI 619X X X X Extracts X X X X X X X X Extracts X X X X ..... 2016 (8) TMI 1145 - SC ORDER]. Inappropriate words in the penalty notice has not been struck off and the notice does not specify as to under which limb of the provisions, the penalty u/s 271(1)(c) has been initiated, therefore, we are of the considered opinion that the penalty levied u/s 271(1)(c) is not sustainable and has to be deleted. - Decided in favour of assessee. - ITA No. 6899/DEL/2017 (A.Y 2004-05) - - - Dated:- 19-3-2020 - MS SUCHITRA KAMBLE, JUDICIAL MEMBER, AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Appellant by Sh. A. K. Batra, CA Respondent by Sh. Pradeep Singh Gautam, Sr. DR ORDER PER SUCHITRA KAMBLE, JM This appeal is filed by the assessee against the order dated 05/09/2017 passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as not specific whether the assessee furnishes inaccurate particulars of income or consoled its income. Therefore, at the threshold itself the penalty has to be deleted. The Ld. AR relied upon the decision of the Hon ble Karnataka High Court in case of CIT(A) Vs. M/s Manjunatha and Ginni Factory and ors 359 ITR 565. The above principal was further affirmed by the Apex Court in case of CIT(A) Vs. M/s SSA Emerald Meadows. 6. The Ld. DR relied upon the decision of the Hon'ble High Court in the case of New Holland Tractors India Pvt. Ltd. Vs. CIT(A) 49 Taxman.com 573. 7. We have heard both the parties and perused the material available on record. There is no concealment in the present case. The Assessee has also filed all the details ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se also the inappropriate words in the penalty notice has not been struck off and the notice does not specify as to under which limb of the provisions, the penalty u/s 271(1)(c) has been initiated, therefore, we are of the considered opinion that the penalty levied u/s 271(1)(c) is not sustainable and has to be deleted. Although the Ld. DR submitted that mere non-striking off of the inappropriate words will not invalidate the penalty proceedings, however, the decision of the Hon ble Karnataka High Court in the case of SSA S Emerald Meadows (supra) where the SLP filed by the Revenue has been dismissed is directly on the issue contested herein by the Assessee. Further, when the notice is not mentioning the concealment or the furnishing of ina ..... X X X X Extracts X X X X X X X X Extracts X X X X
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