Trendz Informatics P.Ltd, New Delhi V. ITO, Ward-25(4), New Delhi

ITA 74/DEL/2020

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 1106 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-10-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 09-10-2022
• Assessment Year: 2010-2011
• Appeal Filed On: 02-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c); 274; 73

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL DELHIBENCH ‘H’, NEW DELHI Before Dr. B. R. R. Kumar, Accountant Member Sh. Yogesh Kumar US, Judicial Member ITA No. 74/Del/2020 : Asstt. Year : 2010-11 Trendz Informatics Pvt. Ltd., C-103, Ground Floor, Right Side, Kh. No. 115, Panchsheel Vihar, Khirki, New Delhi-110017 Vs Income Tax Officer, Ward-25(4), New Delhi-110002 (APPELLANT) (RESPONDENT) PAN No. AAACT5615M Assessee by : None Revenue by : Sh. Vivek Vardhan, Sr. DR Date of Hearing: 10.10.2022 Date of Pronouncement: 12.10.2022 ORDER Per Yogesh Kumar US, Judicial Member: The present appeal has been filed by the assessee against the order of ld. CIT(A)-36, New Delhi dated 30.10.2019. 2. The Assessing Officer made addition of Rs.64,86,450/- to the total income on account of the long term capital gains received during the F.Y. 2009-10. Consequent to the addition, penalty u/s 271(1)(c) has been levied by the AO. 3. We find that the page no. 7 below para 16, the Assessing Officer has also mentioned “penalty proceedings u/s 271(1)(c) are hereby initiated separately for furnishing inaccurate particulars of income thereby concealing income.” 4. We also find that the para no. 7 of the penalty order reads as under: 2 “6.1 It has evidently been established that the assessee has concealed the particulars of his income or furnished inaccurate particulars of such income.” 5. We have also gone through the notice u/s 274 r.w.s. 271 of the Income Tax Act, 1961 issued by the Assessing Officer on 29.12.2017. We find that the Assessing Officer has issued the penalty order stating that, you *have concealed the particulars of your income or furnished inaccurate particulars of such income in terms of explanation 1, 2, 3, 4 and 5. Penalty u/s 271(1)(c).” 6. On this issue, we are guided by the following judgments: 1) Karnataka High Court: CIT vs. Manjunatha Cotton and Ginning Factory: 359 ITR 565 held that notice under section 274 should specifically state the grounds mentioned in section 271(1)(c) of the Act, i.e., whether it is for concealment of income or for furnishing of incorrect particulars of income. Sending printed form where all the grounds mentioned in section 271 are mentioned would not satisfy requirement of law. 2) Bombay High Court: Mr. Mohd. Farhan A. Shaikh Vs ACIT Section 271(1)(c): Penalty-Concealment-Non-striking off of the irrelevant part while issuing notice u/s 271(1)(c) of the Income Tax Act, order is bad in law. Assessee must be informed of the ground of the penalty proceedings only through statutory notice. An omnibus notice suffers from the vice of vagueness. 3) The Hon’ble jurisdictional Delhi High Court in the case of PCIT vs. Sahara India Life Insurance Co. Ltd. in ITA No. 475 of 2019, reiterated that notice under section 274 3 should specifically state the grounds on which penalty was sought to be imposed as the assessee should know the grounds which he has to meet specifically. 4) The aforesaid principle has been reiterated in the in the case of CIT vs. SSA'S Emerald Meadows: 73 taxmann.com 241 (Kar) [Revenue’s SLP dismissed in 242 Taxman 180] 7. Hence, respectfully following the order of the Hon’ble Jurisdictional High Court, since the AO has not been specified u/s 274 as to whether penalty is proposed for alleged ‘concealment of income’ OR ‘furnishing of inaccurate particulars of such income’, the penalty levied is hereby obliterated. 8. In the result, the appeals of the assessee are allowed. Order Pronounced in the Open Court on 12/10/2022. Sd/- Sd/- (Dr. B. R. R. Kumar) (Yogesh Kumar US) Accountant Member Judicial Member Dated: 12/10/2022 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR