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TMI Blog2024 (11) TMI 490X X X X Extracts X X X X X X X X Extracts X X X X ..... has been held in the case laws cited before us that mention of the same in the assessment order or penalty order cannot cure fatal short-coming. When the charge has not been specified in the notice, it is an omnibus notice. In such circumstances as decided in the case of PCIT vs. 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. Full Bench of Hon ble Bombay High Court in the case of Mr. Mohd. Farhan A. Shaikh [ 2021 (3) TMI 608 - BOMBAY HIGH COURT (LB)] has held that no specification of charge in the penalty notice leads to same become void and penalty on that count is to be deleted. Thus as undisputed proposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the appeal filed by the assessee. 4. Aggrieved with the above order, assessee is in appeal before us raising following grounds of appeal :- Ground No.1 : That the Ld. CIT Appeals has erred in law as well as on facts in confirming the penalty of Rs. 1,05,66,374/- levied u/s 271 (1)(c) of the Income Tax Act. Therefore, the penalty order as well as the appellate order is liable to be deleted. Ground No.2 : The Ld. CIT Appeals erred in law in not appreciating the assessee contention that the Ld. Assessing Officer did not adjudicate on the issue that whether the penalty levied is for concealment of income or for furnishing of inaccurate particulars of income. Therefore, the penalty order being illegal is liable to be quashed. 5. At the outset ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same in the assessment order or penalty order cannot cure fatal short-coming. When the charge has not been specified in the notice, it is an omnibus notice. In such circumstances, Hon ble Delhi High Court in the case of PCIT vs. Sahara India Life Insurance Co. Ltd. 432 ITR 84 (Del.) has held that the penalty order passed is liable to be quashed on account of this defect which is fatal. We further note that Full Bench of Hon ble Bombay High Court in the case of Mr. Mohd. Farhan A. Shaikh vs. ACIT (supra) has held that no specification of charge in the penalty notice leads to same become void and penalty on that count is to be deleted. Hon ble Court held as under :- Head Note only : S.271(1)(c) : Penalty Concealment Non-striking off of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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