K NATARAJAN Vs. DEPUTY COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Assessee has preferred these appeals against the order of the Tribunal regarding levying penalty on difference of income declared in return under Section 153A and original return.

(2.) Learned Counsel for the assesee relying upon the judgment of this Court in the case of Commissioner of Income-Tax and another vs. Manjunatha Cotton and Ginning Factory and others, 2013 359 ITR 565 has contended that, the notice issued for levying penalty is improper and is not in accordance with law and therefore, the entire proceedings based on notice is liable to be set aside. He further submits that, in Para No. 5.1, the Tribunal has made an observation with regard to the show-cause notice as under:

(3.) This Court had an occasion to consider the said question in the aforesaid judgment, has held as under: