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Income Tax Appellate Tribunal, HYDERABAD BENCHES “B” : HYDERABAD
Before: SHRI S.S.GODARA & SHRI LAXMI PRASAD SAHU
O R D E R PER S.S.GODARA, J.M. : This Revenue’s appeal for AY.2011-12 arises from the CIT(A)-7, Hyderabad’s order dated 28-10-2015 passed in case No.950 / CIT(A)-7 / Hyd / 2014-15 , involving proceedings u/s. 271(1)(c) of the Income Tax Act, 1961 [in short, ‘the Act’]. 2. We now advert to the Revenue’s sole substantive ground against the CIT(A)’s action deleting u/s.271(1)(c) penalty of Rs.64,70,000/- imposed in the Assessing Officer’s order dt.28- 02-2014.
It transpires during the course of hearing at the outset that the Assessing Officer’s corresponding penalty show cause notice dt.28-02-2014 nowhere specified as to whether the assessee had “concealed the particulars of income or furnished inaccurate particulars of income”. We quote, Hon'ble jurisdictional high court’s decision Pr.CIT Vs. Baisetty Revathi [398 ITR 88] (Telangana & AP) and Mohd.Farhan A.Shaikh Vs. DCIT (2021) [125 taxmann.com 253] (Bom) (FB) that such a failure renders the entire penal mechanism as invalid. We therefore uphold the CIT(A)’s action deleting the impugned penalty on this precise legal issue alone.
This Revenue’s appeal is dismissed in above terms. Pronounced in Open Court on 02nd September, 2021.