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TMI Blog2021 (12) TMI 945X X X X Extracts X X X X X X X X Extracts X X X X ..... It may be true that there are other decisions of the various High Courts which have refused to entertain such a ground at the appeal stage, namely the penalty notice was defective. But those decisions are distinguishable on facts and in most of the cases assessee like a big corporate house having a large legal team to advise and therefore, the question of inadvertence can never be pleaded by the assessee. In contrast to the same, the present case in which the assessee before us is an individual. We are of the view that assessee should not be shut out from raising the jurisdictional issue. The Tribunal on going through the record and in particular, the show-cause notice dated 29th December, 2010 has recorded a finding of fact that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case the learned Income Tax Appellate Tribunal B Bench, Kolkata was correct in holding that since notice under Section 274 read with Section 271(1)(c) of the Income Tax Act, 1961 did not spell out whether penalty is being levied for concealment or for furnishing of inaccurate particulars of income, the penalty levied consequent to the impugned notice was without jurisdiction and liable to be quashed ? We have heard Mr. Soumen Bhattacharjee, learned Standing Counsel appearing for the appellant/revenue and carefully perused the materials placed on record. The issue which falls for consideration is whether the order of the Tribunal deleting any penalty imposed on the respondent/assessee under Section 271 (1)(c) of the Act was justified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nted from raising such a contention. We say so because in the case on hand, the assessee is an individual. It may be true that there are other decisions of the various High Courts which have refused to entertain such a ground at the appeal stage, namely the penalty notice was defective. But those decisions are distinguishable on facts and in most of the cases assessee like a big corporate house having a large legal team to advise and therefore, the question of inadvertence can never be pleaded by the assessee. In contrast to the same, the present case in which the assessee before us is an individual. Therefore, we are of the view that assessee should not be shut out from raising the jurisdictional issue. The Tribunal on going through the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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