2021 (4) TMI 105

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..... sued for levy of penalty has not specified the charge.- Decided in favour of assessee. - I.T.A. No. 2553/Kol/2019 - - - Dated:- 24-3-2021 - Sri J. Sudhakar Reddy, Accountant Member And Sri Aby T. Varkey, Judicial Member For the Assessee : Sh. Miraj D. Shah, A/R For the Revenue : Smt. Ranu Biswas, Addl. CIT, appeared ORDER PER J. SUDHAKAR REDDY, AM: This is an appeal f .....

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..... by the decision of the Supreme Court in Amrit Foods Versus Commissioner of Central Excise, U. P. reported in (2005) 13 SCC 419, a Division Bench of our Court in Principal Commissioner of Income Tax - 19, Kolkata Versus Dr. Murari Mohan Koley, ITAT No. 306 of 2017 (so far unreported) decided on 18th July, 2018, judgements of the Karnataka and Bombay High Courts referred to in the preceding judgemen .....

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..... he assessee in the notice. Revenue has missed out their opportunity to subject the assessee to the penalty proceeding by not issuing a proper notice. No specific case has been made out by the Revenue as to why the matter should be remanded except that the assessee had not participated properly in the assessment proceedings but for that reason best judgment assessment has been made and the income, .....

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