9911796707
TMI Blog2022 (11) TMI 841X X X X Extracts X X X X X X X X Extracts X X X X ..... e Revenue ORDER Per Manish Borad, Accountant Member: This appeal filed by the assessee pertaining to the Assessment Year (in short "AY") 2009-10 is directed against the order passed u/s 250 of the Income Tax Act, 1961 (in short the "Act") by ld. Commissioner of Income-tax (Appeals)-2, Kolkata [in short ld. "CIT(A)"] dated 08.01.2019 arising out of the assessment order framed u/s 271(1)(c) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he impugned notice dated 14-12-2016 issued u/s. 274 read with s. 271(l)(c) of the Income Tax Act, 1961 issued by the Ld. Income Tax Officer, Ward 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, Kolka ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax Act, 1961 and the specious findings reached on such extraneous considerations not germane to the issue is totally illegal, illegitimate, and infirm in law." 3. The sole grievance of the assessee is that ld. CIT(A) erred in confirming the penalty levied u/s 271(1)(c) of the Act at Rs. 1,91,580/-. At the outset, ld. Counsel for the assessee submitted that since the notice issued u/s 274 r.w.s. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de 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 bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oncealing particulars of income or furnishing inaccurate particulars of income, such show cause notice are defective. 7. We, therefore, respectfully following the ratio laid down by the Hon'ble Jurisdictional High Court, 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, leg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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