9911796707
TMI Blog2023 (1) TMI 1241X X X X Extracts X X X X X X X X Extracts X X X X ..... out specifying the specific charge. Out of the above two options, i.e. he should have specifically invited the explanation that he has furnished inaccurate particulars of income. In case, this limb of section 271(1)(c) is not applicable, then he should have confined his show-cause notice to the extent that assessee has concealed particulars of such income. As decided by Calcutta High Court [ 2022 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under section 271(1)(c) of the Income Tax Act. 3. At the very outset, ld. Counsel for the assessee submitted that the issue in dispute is squarely covered in favour of the assessee by the following decisions of Hon'ble Calcutta High Court:- (i) PCIT, Central-2, Kolkata -vs.- Smt. Jayashree Jayakar Mohanka (ITAT/168/2022, IA No. GA/1/2022, GA/2/2022; (ii) PCIT, Kolkata-1 -vs.- M/s. Veronica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income or concealment of the particulars of such income. The ld. Assessing Officer has used a printed proforma for such notice without specifying the specific charge. Out of the above two options, i.e. he should have specifically invited the explanation that he has furnished inaccurate particulars of income. In case, this limb of section 271(1)(c) is not applicable, then he should have confined hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rticulars of such income".
We are of the view that inherent jurisdictional error has been committed by the ld. Assessing Officer and, therefore, respectfully following the judgments of the Hon'ble Jurisdictional High Court, we allow this appeal and delete the penalty.
5. In the result, the appeal of the assessee is allowed.
Order pronounced in the open Court on 09 January, 2023. X X X X Extracts X X X X X X X X Extracts X X X X
|
