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 of non-mention of particular charge of offence in notice issue under section 274 read with section 271(1)(c), i.e., whether it was for concealment of particulars of income or for furnishing of inaccurate particulars of income. Held: A perusal of show cause notice issued under section 274 read with section 271(1)(c) revealed that AO failed to strike out inappropriate words. Thus, show cause notice under section 274 did not specify particular charge against assessee hence, was defective and accordingly, penalty levied by AO could not be sustained.

Relied on:CIT v. SSA's Emerald Meadows in [ITA No.380 of 2015, dated 23-11-2015] : 2018 TaxPub(DT) 0953 (Karn-HC) 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. : 2012-13 & 2013-14

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