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Income Tax Appellate Tribunal, “B”
Before: SHRI S.S.GODARA & DR. DIPAK P. RIPOTE
ORDER
Per S.S.Godara, JM:
This assessee’s appeal for Assessment Year 2005-06 is directed against the Commissioner of Income Tax(Appeals)-4, Pune’s order dated 22.01.2019 passed in appeal no.PN/CIT(A)- 4/Satara Circle/203/2013-14, in proceedings u/s.271(1)(c) of the Income Tax Act, 1961 [in short “the Act”].
Heard both the parties. Case files perused. 3. Coming to the assessee’s sole substantive grievance that both the lower authorities have erred in law and on facts in imposing the section 271(1)(c) penalty of Rs.1,46,710/-, it emerges at the outset that the Assessing Officer’s corresponding penalty show cause notice dated 12.09.20007 issued to the tax payer had nowhere specified or struck-off the relevant limb as to whether he had concealed
A.Y. 2005-06 (A) Radhesham B. Bhandari Vs. DCIT particulars of his income or furnished inaccurate particulars of such an income, as the case may be.
Faced with the situation and after having heard vehement rival contentions, we are of the opinion that there is hardly any need for us to delve deeper in the relevant factual matrix once hon’ble jurisdictional high court’s recent landmark decision in Mohd. Farhan A.Shaikh Vs. ACIT 434 ITR 1 (Bom) has settled the law that the above stated failure on the Assessing Officer’s part indeed vitiates the entire penal proceedings itself. We thus the impugned penalty for this precise reason alone. Ordered accordingly.