INCOME TAX ACT, 1961

Section 271(1)(c)

Penalty under section 271(1)(c) - Concealment or furnishing of inaccurate particulars - Non-specification of particular charge in penalty notice -

AO levied penalty under section 271(1)(c). Assessee challenged this on the ground that in show-cause notice issued under section 274 read with section 271(1)(c), AO did not specify particular charge of offence against the assessee, i.e., penalty proceedings had been initiated, whether for concealment of particulars of income or furnishing of inaccurate particulars of income.Held: Notice issued under section 274 read with section 271(1)(c) without specifying particular limb of section 271(1)(c) under which penalty proceedings had been initated, was defective, therefore, penalty levied on the basis of such notice could not be sustained.

Relied:CIT v. SSA'S Emerald Meadows 2018 TaxPub(DT) 0953 (Karn-HC), CIT & Ors. v. Manjunatha Cotton and Ginning Factory & Ors. (2013) 359 ITR 565 (Karn) : 2014 TaxPub(DT) 0202 (Karn-HC), Mr. Ashok Kumar Chordia v. Dy. CIT [ITA Nos. 5788 to 5790/Del/2014, dt. 5-12-2017] : 2018 TaxPub(DT) 0005 (Del-Trib)].

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2009-10

SUBSCRIBE FOR FULL CONTENT