The Tax Publishers2019 TaxPub(DT) 4354 (Kol-Trib)

INCOME TAX ACT, 1961

Section 271(1)(c)

Notice issued under section 274 read with section 271(1)(c) in printed form without specifically mentioning whether proceedings were initiated on the ground of concealment of income or on account of furnishing of inaccurate particulars, was defective and penalty levied on the basis of such notice could not be sustained.

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

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

Followed:CIT v. SSA's Emerald Meadows [ITA No. 380 of 2015, dt. 23-11-2015] : 2018 TaxPub(DT) 953 (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. : 2011-12



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