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In K.C. Builders (Supra), the Supreme Court held in para¬26 that once the finding of concealment and subsequent levy of penalties under Section 271 (1)(c) of the Act has been struck down by the Tribunal, there is no concealment, u/s 276¬C and 277 read with Section 278 of the Income Tax Act, 1961. Chattisgarh High Court again confirmed in M/S System India Castings vs The Principal Commissioner Of …. on 26 June, 2019
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BANGALORE TRIBUNAL on 4.6.2019 held that 271(1)(c) – non strike of limb in SCN-No penalty can be imposed. DESAI AND COMPANY vs. DCIT
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Non-striking off of the relevant column of the show cause notice cannot be a valid reason for deletion of the penalty u/s.271(1)(c) of the Act if responded and participated in the proceedings. hence, matter was remanded back to CIT(A) for adjudication of the appeal on merits. ITO vs. RAJAN KALIMUTHU
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On Apr 30, 2019 INDORE TRIBUNAL held that Without mentioning the limbs i.e., of “concealment of particulars of income” or “furnishing inaccurate particulars of income” for which penalty proceedings have been initiated u/s 271(1)(c), notice issued by AO u/s 274 r.w.s. 271(1)(c) is not valid.
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show cause notice u/s 274 of the Act does not strike out the inappropriate words then that imposition of penalty cannot be sustained. Ratan Kumar Paul Vs DCIT