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TMI Blog2021 (11) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... lead to an inference of non-application of mind by the Assessing Officer. Coming to the instant case, as the mind of the AO while issuing notice u/s. 274 of the Act was not clear, under which limb the penalty supposed to be levied, and without specifying any charge under which the Assessee was to reply and to defend its case, the penalty is not leviable as held by the various Courts. Hence, we have no hesitation to uphold the impugned order. - Decided against revenue. - I.T.A. No. 540/VIZ/2019 - - - Dated:- 23-9-2021 - N.K. Choudhry, Member (J) And D.S. Sunder Singh, Member (A) For the Appellant : D.K. Sonawal, CIT-DR For the Respondents : M.V. Prasad, CA ORDER Per Bench This appeal has been preferred by the Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2017) and Smt. Makina Annapurna Vs. ITO (ITA No. 604 605/VIZ/2014, dated 02/02/2017) wherein the penalty was deleted by holding that non-striking of the irrelevant column renders the notice issued u/s. 271 of the Act as invalid. 3. No doubt there are contrary judgments on the issue in hand, however, as it is clarified by the Hon'ble Apex court in the case of CIT Vs. Vegetable Products Ltd. [(1973) 88 ITR 192 (SC)] by holding if two reasonable constructions of a taxing provision are possible, that construction which favours the Assessee must be adopted. Meaning thereby, the view/judgment which favours the Assessee is required to be followed, which in the instant case has been followed by the Ld. Commissioner while passing the impu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, under Section 274 without taking into consideration the assessment order when the assessing officer has specified that the assessee has concealed particulars of income? 3. The Tribunal has allowed the appeal filed by the Assessee holding the notice issued by the Assessing Officer under Section 274 read with Section 271(1)(c) of the Income Tax Act, 1961 (for short 'the Act') to be bad in law as it did not specify which limb of Section 271(1)(c) of the Act, the penalty proceedings had been initiated i.e., whether for concealment of particulars of income or furnishing of inaccurate particulars of income. The Tribunal, while allowing the appeal of the assessee, has relied 01 the derision of the Division Bench of this Court rend ..... X X X X Extracts X X X X X X X X Extracts X X X X
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