D.C.I.T., Cc-4(4), Kolkata, Kolkata vs Eversight Trade Comm Pvt. Ltd., Kolkata on 19 January, 2023
I find that the Hon'ble Kolkata ITAT has also consistently been taking the
aforementioned view in its decisions and has not been upholding penalty orders
u/s
271(1)(c) where the AO has failed to mention in the penalty notice the specific
limb, under which the penalty has been initiated. For instance, in the case of
Dadheech Fumiture Pvt. Ltd. vs ITO Ward 7(3), Kolkata (ITA no 1923/kol/2017)
[Date of Order 10.08.2018], the Hon'ble Tribunal has held: