The Tax Publishers2019 TaxPub(DT) 1544 (Luck-Trib)

INCOME TAX ACT, 1961

Section 271(1)(c)

Notice issued by AO under section 274 read with section 271(1)(c) would be bad in law where it did not specify under which limb of section 271(1)(c) penalty proceedings have been initiated.

Penalty under section 271(1)(c) - Concealment - Non-specification of limb in notice -

AO had issued show cause notice under section 274 read with section 271(1)(c) for imposition of penalty, simply stating that particulars of income have been concealed or furnished inaccurate particulars of such income.Held: AO only in a stereotyped manner had issued the notice. Notice was not specific as it did not mention specifically as to which limb penalty under section 271(1)(c) was imposed. Notice for imposition of penalty under section 271(1)(c) was, therefore, bad in law, invalid and liable to be quashed.

Followed:The CIT & Oths. v. M/s. Manjunatha Cotton and Ginning Factory & Oths., M/s. V.S. Lad & Sons, (2013) 359 ITR 565 (Karn) : 2014 TaxPub(DT) 202 (Karn-HC),

REFERRED :

FAVOUR : In assessee's favour

A.Y. :



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