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TMI Blog2024 (6) TMI 1444X X X X Extracts X X X X X X X X Extracts X X X X ..... (A)"], which in turn arose from the penalty orders passed under section 271(1)(c) of the Act, for the assessment years 2010-11, 2011-12 and 2014- 15. 2. Since all the appeals pertain to the same assessee involving a similar issue arising out of a similar factual matrix, therefore, as a matter of convenience, these appeals were heard together and are being decided by way of this consolidated order. With the consent of the parties, the assessee's appeal for the assessment year 2010-11 is taken up as a lead case. In all the appeals, the assessee has raised similar grounds. For reference, the grounds raised by the assessee in the appeal for the assessment year 2010-11 are reproduced as under:- "1. The Ld. CIT (A) has erred in law and on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enalty order dated 30/03/2016 was passed by the Assessing Officer ("AO") under section 271(1)(c) of the Act, wherein a penalty of Rs. 80,85,480, was levied. In the further appeal against the penalty order, the learned CIT(A), vide impugned order, dismissed the appeal filed by the assessee and upheld the levy of penalty under section 271(1)(c) of the Act. Being aggrieved, the assessee is in appeal before us. 6. During the hearing, the learned Authorised Representative ("learned AR"), inter-alia, submitted that the penalty in the present case has been levied without specifying the head under which the same has been levied. The learned AR by referring to the penalty notice dated 28/03/2013 issued under section 274 r/w section 271(1)(c) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 271(1)(c) of the Act, forming part of the paper book on page 1, we find that the AO did not strike-off any of the twin charges i.e., concealment of particulars of income or furnishing of inaccurate particulars of income. We find that the Larger Bench of the Hon'ble Jurisdictional High Court in Mohd. Farhan A. Shaikh (supra) held that the defect in notice by not striking off the irrelevant matter would vitiate the penalty proceedings. During the hearing, the learned DR placed reliance upon the recent decision of the Hon'ble jurisdictional High Court in Veena Estate (P) Ltd. (supra), wherein it was held that an alleged defect in notice issued to assessee under section 274 r/w section 271(1)(c) of the Act, in regard to which assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis that the show cause notice is defective. The coordinate bench of the Tribunal vide order dated 05/03/2021 passed in assessee's appeal in ITA No. 1682-1684/Mum./2020, for the assessment years 2010-11, 2011-12 and 2014-15, restored the matter to the file of the learned CIT (A) for fresh adjudication and for passing a speaking order on factual aspects. We find that being aggrieved by the Tribunal's order, the assessee filed an appeal before the Hon'ble jurisdictional High Court under section 260A of the Act, wherein again the assessee raised the legal issue and submitted that the same is squarely covered by the decision of the Hon'ble jurisdictional High Court. The Hon'ble High Court, vide order dated 08/11/2023, passed in ITA (L) N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the decision of the Larger Bench of the Hon'ble Jurisdictional High Court in Mohd. Farhan A. Shaikh (supra). Accordingly, respectfully following the aforesaid decision of the Hon'ble Jurisdictional High Court in Mohd. Farhan A. Shaikh (supra), the penalty order passed under section 271(1)(c) of the Act for the assessment year 2010-11 is quashed. 12. We find from the documents placed on record in the paper book for the assessment years 2011-12 and 2014-15 that even in the subsequent years before us the assessee raised this legal plea since the first round of appellate proceedings against the initiation of penalty under section 271(1)(c) of the Act. Accordingly, respectfully following the aforesaid decision of the Hon'ble Jur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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