SRINATH BASU ,KOLKATA vs. ITO,WARD-56(4), KOLKATA
In the result, appeal of the assessee is allowed
ITA 306/KOL/2023[2012-13]Status: DisposedITAT Kolkata03 Aug 2023AY 2012-13
Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 306/Kol/2023 Assessment Year: 2012-13 Srinath Basu Income Tax Officer, Ward-56(4), Vs Kolkata 26/2, Nayan Chand Dutta Street Kolkata - 700006 [Pan: Aeepb7086F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sujoy Sen, A/R & Shri Tapas Kr. Majumdar, Adv. Revenue By : Shri Kapil Mondal, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 26/07/2023 घोषणा क" तारीख /Date Of Pronouncement: 03/08/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”) Dt. 31/01/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2012-13. 2. The Ld. Counsel At The Outset Submits That Penalty Order Is Bad In Law As The Penalty Proceedings Were Initiated & Penalty Of Rs.1,38,748/- Was Levied Without Specifying The Exact Limb Of Section 271(1)(C) Of The Act. The Ld. Counsel For The Assessee Referring To The Penalty Notice Issued U/S 274 Read With Section 271(1)(C) Of The It Act, Dated 19Th March, 2014 (Placed On Record), Submitted That The Notice Was Issued Mechanically Stating That Assessee Has Concealed Particulars Of Income Or Furnished Inaccurate Particulars Of Such Income. In Other Words, The Notice Was Issued For Both The Limbs Without Strike Off Irrelevant Limb & Specifying The Charge For Which
For Appellant: Shri Sujoy Sen, A/R & Shri Tapas Kr. Majumdar, AdvFor Respondent: Shri Kapil Mondal, Addl. CIT, D/R
Section 250Section 271Section 271(1)(c)Section 274
u/s 274 read with section 271(1)(c) of the Act, Assessing Officer did not strike off irrelevant limb in the notice specifying the charge for which notice was issued.
4. We observe that an identical issue came up before the Hon'ble
Bombay High Court (full bench at Goa) in the case of Mr. Mohd. Farhan
I.T.A. No. 306/Kol/2023
