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| The Tax Publishers2019 TaxPub(DT) 4985 (Bang-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
As evident from notice issued under section 274 read with section 271(1)(c), AO did not specify the charge against assessee as to whether it was for 'concealing particulars of income or 'furnishing of inaccurate particulars of income', accordingly, penalty levied on the basis of such defective notice could not be sustained.
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Penalty under section 271(1)(c) - Concealment or furnishing of inaccurate particulars - Non-mention of particular charge of offence in penalty notice -
Assessee challenged penalty levied by AO under section 271(1)(c) on the ground of AO not having mentioned particular charge of offence in penalty notice.Held: As evident from notice issued under section 274 read with section 271(1)(c) , AO did not specify the charge against assessee as to whether it was for 'concealing particulars of income or 'furnishing of inaccurate particulars of income', accordingly, penalty levied on the basis of such defective notice could not be sustained.
Relied:CIT v. SSA's Emerald Meadows in ITA No. 380 of 2015, dated 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. : 2008-09
IN THE ITAT, BANGALORE BENCH
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