Section 271(1)(c) of Income Tax Act, 1961—Penalty u/s 271(1)(c) of the act—Defective notice—Non specification of charge— n the case under consideration, on perusal of the show cause notices issued by the Assessing Officer u/s 274 r.w.s. 271 of the IT Act, 1961, dated 30/11/2010, which is placed on record, it is seen that the Assessing Officer did not mention whether the notice is issued for concealment of income or for furnishing of inaccurate particulars of income.

Held that— Therefore, as per the ratio laid down by the Hon’ble Supreme Court in the case of SSA’s Emerald Meadows, the notice issued by the Assessing Officer is not valid and consequently, the order passed u/s 271(1)(c) is also not valid. Hence, we set aside the order of the CIT(A) and quash the order passed by the Assessing Officer u/s 271(1)(c) of the Act. Accordingly, the appeal of the assessee is allowed.[TULIP GRANITES PVT. LTD. VERSUS DY. COMMISSIONER OF INCOME-TAX, CIRCLE – 2 (3) , HYDERABAD] [2018] [7] [ITCD Online] [4] [ITAT HYDERABAD]