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 -

Assessee challenged penalty levied by AO under section 271(1)(c) on the ground that AO issued notice under section 274 read with section 271(1)(c) in printed form without specifically mentioning whether penalty proceedings were initiated on the ground of concealment of income or on account of furnishing of inaccurate particulars. Held: Notice issued under section 274 read with section 271(1)(c) without specifying particular charge of offence against assessee was defective and penalty levied on the basis of such notice could not-be sustained.

Relied on:CIT v. SSA's Emerald Meadows in [ITA No. 380 of 2015 dt. 23-11-2015] : 2018 TaxPub(DT) 0953 (Karn-HC) and CIT v. Manjunatha Cotton and Ginning Factory (2013) 359 ITR 565 (Karn) : 2014 TaxPub(DT) 0202 (Karn-HC)

REFERRED :

FAVOUR : In assessee's favour.

A.Y. :

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