CIT v. SSA’s Emerald Meadows

73 Taxmann.com 248Supreme Court of India2016#48 most cited

What is CIT v. SSA’s Emerald Meadows authority for?

A notice issued under Section 274 read with Section 271(1)(c) is invalid if it fails to specify whether penalty proceedings are for concealment of particulars of income or furnishing inaccurate particulars of income. Such lack of specificity vitiates the penalty proceedings.

953

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2013 to 2026.

Also referred to as

CIT v. SSA’s Emerald Meadows · section 274 · section 271(1)(c) · penalty notice validity · specific charge penalty · concealment of income · inaccurate particulars of income · vitiates penalty proceedings · Manjunatha Cotton

Issues it is cited on

Judgments citing CIT v. SSA’s Emerald Meadows

Alfa Systems & Services, Noida vs. ITO, Ward-1(1), Noida

In the result, the appeal of the assessee is allowed

ITA 4327/DEL/2018[2007-08]Status: DisposedITAT Delhi06 Feb 2019AY 2007-08

Bench: Sh. N. S. Sainiita No. 4327/Del/2018 : Asstt. Year : 2007-08 Alfa Systems & Services, Vs Income Tax Officer, E-19C, Sector-8, Ward-1(1), Noida-201301 Noida (Appellant) (Respondent) Pan No. Aalfa3938L Assessee By : None Revenue By : Sh. S. L. Anuragi, Sr. Dr Date Of Hearing: 04.02.2019 Date Of Pronouncement: 06.02.2019 Order This Is An Appeal Filed By The Assessee Against The Order Of Cit(A)-I, Noida Dated 28.10.2016. 2. None Appeared On Behalf Of The Assessee When The Case Was Called For Hearing & Neither Any Adjournment Application Was Filed. The Bench Was Of The View That The Appeal Of The Assessee Can Be Disposed Off In The Absence Of The Assessee. Therefore, The Appeal Was Heard Ex-Parte Qua The Assessee & Disposed Off Considering The Submission Of The Ld. Departmental Representative.

For Appellant: NoneFor Respondent: Sh. S. L. Anuragi, Sr. DR
Section 271Section 271(1)(c)Section 274

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’, NEW DELHI Before Sh. N. S. Saini, Accountant Member ITA No. 4327/Del/2018 : Asstt. Year : 2007-08 Alfa Systems & Services, Vs Income Tax Officer, E-19C, Sector-8, Ward-1(1), Noida-201301 Noida (APPELLANT) (RESPONDENT) PAN No. AALFA3938L Assessee by : None Revenue by : Sh. S. L. Anuragi, Sr. DR Date of Hearing: 04.02.2019 Date of Pronouncement: 06.02.2019 ORDER This is an appeal filed by the assessee against the order of CIT(A)-I, Noida dated 28.10.2016. 2. None appeared on behalf of the assessee when the case was called for hearing and neither any adjournm…