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Lodhi Property Company Ltd., New Delhi vs Acit, New Delhi on 28 February, 2019 cites

Commissioner Of Income-Tax vs Shree Raghunath Cotton Ginning And Oil ... on 26 October, 2004

However, decision rendered by Hon'ble Apex Court in CIT vs. SSA's Emerala Meadows (supra) and Hon'ble Karnataka High Court in CIT vs. Manjunatha Cotton and Ginning Factory (supra) are squarely applicable to the facts and circumstances of 14 ITA No.1232/Del./2016 the case as the AO has miserably failed to specify in the notice issued under section 274 read with 271(l)(c) of the Act, "as to whether the assessee has concealed the particulars of his income or has furnished inaccurate particulars of such income", so in these circumstances, penalty levied by the AO and confirmed by Ld. CIT (A) is not sustainable in the eyes of law. Consequently, the appeal filed by the assessee is allowed.
Punjab-Haryana High Court Cites 14 - Cited by 1430 - A K Mittal - Full Document

Commissioner Of Income Tax vs M/S Ssa'S Emerald Meadows on 5 August, 2016

However, decision rendered by Hon'ble Apex Court in CIT vs. SSA's Emerala Meadows (supra) and Hon'ble Karnataka High Court in CIT vs. Manjunatha Cotton and Ginning Factory (supra) are squarely applicable to the facts and circumstances of 14 ITA No.1232/Del./2016 the case as the AO has miserably failed to specify in the notice issued under section 274 read with 271(l)(c) of the Act, "as to whether the assessee has concealed the particulars of his income or has furnished inaccurate particulars of such income", so in these circumstances, penalty levied by the AO and confirmed by Ld. CIT (A) is not sustainable in the eyes of law. Consequently, the appeal filed by the assessee is allowed.
Supreme Court - Daily Orders Cites 0 - Cited by 857 - Full Document

Commissioner Of Income-Tax vs Manjunatha Motor Service And Canara ... on 26 June, 1991

"16. We have perused the notices and we find that the relevant columns have been marked, more particularly, when the case against the assessee is that they have concealed particulars of income and furnished inaccurate particulars of income. Therefore, the contention raised by the assessee is liable to be rejected on facts. That apart, this issue can never be a question of law in the assessee s case, as it is purely a question of fact. Apart from that, the assessee had at no earlier point of time raised the plea that on account of a defect in the notice, they were put to prejudice. All violations will not result in nullifying the orders passed by statutory authorities. If the case of the assessee is that they have been put to prejudice and principles of natural justice were violated on account of not being able to submit an effective reply, it would be a different matter. This was never the plea of the assessee either before the Assessing Officer or before the first Appellate Authority or before the Tribunal or before this Court when the Tax Case Appeals were filed and it was only after 10 years, when the appeals were listed for final hearing, this issue is sought to be raised. Thus on facts, we could safely conclude that even assuming that there was defect in the notice, it had caused no prejudice to the assessee and the assessee clearly understood what was the purport and import of notice issued under Section 274 r/w.Section 271 of the Act. Therefore, principles of natural justice cannot be read in abstract and the assessee, being a limited company, having wide network in various financial services, should definitely be precluded from raising such a plea at this belated stage.
Karnataka High Court Cites 6 - Cited by 54 - N Venkatachala - Full Document
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