The Tax Publishers2019 TaxPub(DT) 6197 (Bang-Trib)

INCOME TAX ACT, 1961

Section 271(1)(c)

AO in notice issued under section 274 read with section 271(1)(c) did not specify the charge against assessee as to whether it was for 'concealing particulars of income' or 'furnishing of inaccurate particulars of income, therefore, imposition of penalty on the basis of such defective notice could not be sustained.

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

AO levied penalty under section 271(1)(c). Assessee challenged this on the ground of AO not having mentioned particular charge in penalty notice.Held: AO in notice issued under section 274 read with section 271(1)(c) did not specify the charge against assessee as to whether it was for 'concealing particulars of income' or 'furnishing inaccurate particulars of income, therefore, imposition of penalty on the basis of such defective notice could not be sustained.

Relied:CIT & Ors. v. Manjunatha Cotton & Ginning Factory & Ors. V.S. Lad & Sons (2013) 359 ITR 565 (Karn) : 2014 TaxPub(DT) 202 (Karn-HC) and CIT & Anr. v. SSA'S Emerald Meadows [Special Leave to Appeal (C)...../2016 (CC No. 11485/2016), dt. 5-8-2016].

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2012-13



IN THE ITAT, BANGALORE BENCH

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com