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TMI Blog2024 (2) TMI 1039X X X X Extracts X X X X X X X X Extracts X X X X ..... an omnibus notice. In such circumstances, in the case of Sahara India Life Insurance Co. Ltd [ 2019 (8) TMI 409 - DELHI HIGH COURT] has held that the penalty order passed is liable to be quashed on account of this defect which is fatal. We further note that in the case of Mr. Mohd. Farhan A. Shaikh[ 2021 (3) TMI 608 - BOMBAY HIGH COURT] has held that no specification of charge in the penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e penalty order with the direction that the decision on penalty u/s 271(1)(c) is however subject to outcome/decision of the application filed by the assessee s husband before the Income Tax Settlement Commission (ITSC) owning the amount of Rs.51,00,000/- taken in the name of assessee as accommodation entry. It has been submitted by the ld. Counsel for the assessee that ITSC passed the order in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s liable to be quashed. 5. Upon hearing both the parties and perusing the records, we note that the penalty notice contains the following charge :- 6. We note that in the above notice, the charge has not been specified and it is an omnibus notice. In such circumstances, Hon ble jurisdictional High Court in the case of Sahara India Life Insurance Co. Ltd. (supra) has held that the pena ..... X X X X Extracts X X X X X X X X Extracts X X X X
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