DCIT CENTRAL CIRCLE-1, RANCHI vs. SHRI RAJESH BATHWAL, RANCHI
In the result, all the appeals of the revenue are dismissed
ITA 361/RAN/2016[2004-05]Status: DisposedITAT Ranchi28 Feb 2018AY 2004-05
Bench: Hon’Ble Shri J. Sudhakar Reddy] I.T.A. Nos. 360, 361, 362, 363 & 364/Ran/2016 Assessment Years :2003-04, 2004-05, 2005-06, 2006-07 & 2007-08 Acit Cir 1.........................................................................................................................Appellant 7Th Floor, Mahabir Tower, Main Road, Ranchi, Jharkhand – 834 001. Shri Rajesh Bathwal...................……………………………………..................................Respondent Saheed Jaswant Singh Marg, Lake Raod, Ranchi – 834 001 [Pan: Adgpb 9315 E] Appearances By: Shri Sanjay Malik, Jr. Dr Appearing On Behalf Of The Revenue. Shri Rajiv Ranjan Mittal, Advocatel Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : February 28, 2018 Date Of Pronouncing The Order : February 28 , 2018 Order All These Are Revenue’S Appeal Directed Against The Separate Orders Of Commissioner Of Income Tax (Appeals), Wherein The Penalty Levied By The Assessing Officer Under Section 271(1)(C) Of The Act Have Been Cancelled By The Ld. Cit(A).
Section 271Section 271(1)(c)Section 274
271(1)(c) of the Act is bad in law and invalid for the reason that the show cause notice u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealment of particulars of income or furnishing of inaccurate particulars of income.
The ld. Counsel further brought to our notice that