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2022 (12) TMI 63

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..... [ 2015 (11) TMI 1620 - KARNATAKA HIGH COURT] against which Special Leave Petition (SLP) filed by the department stood dismissed by Hon ble Supreme Court which is reported [ 2016 (8) TMI 1145 - SC ORDER] - The notice u/s 274/271(1)(c) of the Act is not carrying the specific limb. Therefore, this is a case where both the parts of the offences i.e., concealment of income as well as furnishing of inaccurate particulars of income were involved. The decision of Jaipur Tribunal (Third Member) in the case of Grass Field Farms and Resorts P. Ltd. [ 2015 (9) TMI 1585 - ITAT JAIPUR] was referred to confirm the impugned penalty. Appeal of the assessee is allowed. - I.T.A. No. 14/Asr/2018 - - - Dated:- 7-7-2022 - Dr. M. L. Meena, Accountant Me .....

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..... PAN: AZGPK 3429G Office of the Income Tax Officer, Ward II(4), Abohar Dated, Abohar, the 18th Feb. 2016 To Sh. Krishan Kumar Sharma S/o Amarnath Sharma Basti Hazoor Singh, Fazilka Whereas in the course of proceedings before me for the assessment year 2009-10 it appears to me that you: - *Have without reasonable cause failed to furnish me return of income which you were required to furnish by a notice given under section 22(1/22(2)/34 of the Indian Income Tax Act, 1922 on which you .....

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..... ssion and considered the documents available in record. This particular notice it is a self-defective and the ld. AO did not mention the nature of concealment in the notice issued u/s 274/271(1)(c). The counsel laid down that in the absence of such specific notice, the notice would be invalid as held in various judicial pronouncements including the decision of Hon ble Karnataka High Court in CIT V/s SAS s Emerald Meadows (73 Taxmann.com 241) against which Special Leave Petition (SLP) filed by the department stood dismissed by Hon ble Supreme Court which is reported as 73 Taxmann.com 248. The notice u/s 274/271(1)(c) of the Act is not carrying the specific limb. Therefore, this is a case where both the parts of the offences i.e., conceal .....

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