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TMI Blog2021 (2) TMI 73X X X X Extracts X X X X X X X X Extracts X X X X ..... nst the different orders of Ld. CIT(Appeals)-15, Delhi dated 09.10.2018 for above assessment years, challenging the levy of penalty u/s 271(1)(c) of the IT Act. 2. I have heard Ld. Representatives of both the parties and perused the material on record. 3. Briefly the facts are that the AO came into possessing the information that during the assessment years, assessee had received rental income a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve, therefore, penalty is not leviable against the assessee. Ld. Counsel for assessee relied upon the judgment of the Hon'ble Delhi High Court in the case of Pr. CIT vs. M/s Sahara India Life Insurance Company Limited, 2019 (8) TMI 409. 5. On the other hand, Ld. DR submitted that AO's failure to strike of column in show-cause is no ground for deleting the penalty and in the written submission ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nitiated i.e. whether for concealment of particulars of income or furnishing inaccurate particulars of income. The show-cause notices are, therefore, bad in law and illegal and, as such, the entire penalty proceedings are vitiated and no penalty is leviable against the assessee in any of the years. On this scope itself, similar views is taken by the Hon'ble Karnataka High Court in the case of CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is leviable against the assessee. The decisions relied upon by Ld. DR in the written submission would not support the case of the Revenue.
8. In view of the above, I set aside the orders of the authorities below and cancel the penalty in all the appeals.
9. In the result, all the appeals of assessee are allowed.
Order pronounced in the open Court on 01.02.2021. X X X X Extracts X X X X X X X X Extracts X X X X
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