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TMI Blog2022 (11) TMI 841X X X X Extracts X X X X X X X X Extracts X X X X ..... f CIT vs. Samson Perinchery [ 2017 (1) TMI 1292 - BOMBAY HIGH COURT] laying down the ratio that if the show cause notice issued u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income, such show cause notice are defective. Thus we are inclined to hold that since the notice issued u/s 274 of the Act is defective, penalty proceedings are invalid and bad in law and liable to be quashed. In the result, legal grounds raised by the assessee challenging the levy of penalty u/s 271(1)(c) of the Act are allowed. - I.T.A. No. 260/Kol/2022 - - - Dated:- 9-11-2022 - SRI SANJAY GARG JUDICIAL MEMBER And DR. MANISH BORAD , ACCOUNTANT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard 4(3), Kolkata failed to classify the exact nature of default for invoking the mischief thereof and the impugned action in that respect is altogether arbitrary, unwarranted, and perverse. 3. FOR THAT the Ld. Commissioner of Income Tax (Appeals)-2, Kolkata acted unlawfully in upholding the impugned order imposing penalty of Rs. 1,91,580/- by the Ld. Income Tax Officer, Ward 4(3), Kolkata solely and exclusively relying upon the findings in the quantum proceedings by simply adopting the principle of res judicata without adducing on record any independent reasons in support therefor and such adverse finding de hors any compelling basis is altogether unfounded, un justified, and untenable in law. 4. FOR THAT the Ld. Commissioner of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y satisfaction was made by ld. AO in the assessment order. However, for the purpose of initiating proceedings u/s 271(1)(c) of the Act notice u/s 274 of the Act was issued on 14.12.2016. In this notice, ld. AO ticked the line, have concealed the particulars of your Income or .. Furnished inaccurate particulars of such Income. 6. Perusal of this notice shows that ld. AO has mentioned both the charges in the notice rather than raising a specific charge on the assessee. Such type of notices where specific charges are not levelled against the assessee, are found to be defective by various Hon'ble Courts. Since we are bound by the Hon'ble Jurisdictional High Court of Calcutta, we find that in the case of Brijendra Kumar Po ..... X X X X Extracts X X X X X X X X Extracts X X X X
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