The Tax Publishers2019 TaxPub(DT) 3193 (Jod-Trib)

INCOME TAX ACT, 1961

Section 271(1)(c)

Notice issued under section 274 read with section 271(1)(c) without striking off inappropriate words was defective and levy of penalty on the basis of such notice could not be sustained.

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

Assessee challenged levy of penalty under section 271(1)(c) on the ground that notice under section 274 read with section 271(1)(c) was issued in the printed form without specifically mentioning whether proceedings were initaited 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 striking off inappropriate words was defective and levy of penalty on the basis of such notice could not be sustained.

Followed:CIT v. SSA's Emerald Meadows in ITA No. 380 of 2015, dt. 23-11-2015 and CIT v. Manjunatha Cotton and Ginning Factory (2013) 359 ITR 565 (Karn) : 2014 TaxPub(DT) 202 (Karn-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2010-11



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