The Tax Publishers2019 TaxPub(DT) 5439 (Bang-Trib)

INCOME TAX ACT, 1961

Section 271(1)(c)

AO in the notice issued under section 274 read with section 271(1)(c) had not struck off the irrelevant portion as to whether the charge against assessee was 'concealing paticulars of income' or 'furnishing of inaccurate particulars of income, accordingly the notice 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 penalty levied by AO under section 271(1)(c) on the ground of non-mention of particular charge of offence in penalty notice.Held: AO in the notice issued under section 274 read with section 271(1)(c) had not struck off the irrelevant portion as to whether the charge against assessee was 'concealing paticulars of income' or 'furnishing of inaccurate particulars of income, accordingly the notice was defective and penalty levied on the basis of such notice could not be sustained.

Relied:CIT v. SSA's Emerald Meadows ITA No. 380 of 2015, dated 23-11-2015 : 2014 TaxPub(DT) 0202 (Karn-HC) 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. : 2007-08



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