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TMI Blog2023 (7) TMI 1208X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee is squarely covered by the decision of Mohd. Farhan A. Shaikh [ 2021 (3) TMI 608 - BOMBAY HIGH COURT] wherein held that the defect in notice by not striking off the irrelevant matter would vitiate the penalty proceedings. Accordingly, penalty order passed u/s 271(1)(c) of the Act is quashed. Decided in favour of assessee. - ITA no. 1430/Mum./2023 - - - Dated:- 27-7-2023 - Shri G.S. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithout mentioning specifically as to whether penalty is sought to be levied for concealing the particulars of his income or furnishing inaccurate particulars of his income in the notice issued under Section 274 and, therefore, the order passed may please be declared as invalid. 2. On the facts and circumstances of the case and in law, the learned CIT(A) erred in confirming the penalty of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iciaries of such bogus bills, the proceedings under section 147 of the Act were initiated and notice under section 148 of the Act was issued to the assessee. During the assessment proceedings, the notices sent under section 133(6) of the Act to the parties from whom the alleged purchases were made were returned unserved by the postal authorities. In the absence of details/information regarding the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied without specifying the head under which the same has been levied. The learned AR by referring to the penalty notices dated 29/01/2016 and 04/08/2021 issued under section 274 r/w section 271(1)(c) of the Act submitted that the AO has not specified whether the penalty has been levied for concealment of income or for furnishing inaccurate particulars of income. 6. On the other hand, the learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT, [2021] 434 ITR 1 (Bom.), wherein the Larger Bench of the Hon ble Court has held that the defect in notice by not striking off the irrelevant matter would vitiate the penalty proceedings. Accordingly, respectfully following the aforesaid decision of the Hon'ble Jurisdictional High Court, the penalty order passed under section 271(1)(c) of the Act is quashed. 8. In the result, the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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