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| The Tax Publishers2019 TaxPub(DT) 6958 (Jp-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
Penalty notice had been issued in a very routine manner without application of mind as it nowhere specified as to whether penalty was proposed to be imposed for concealment of income or for 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-specification of particular charge 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 notice issued under section 274 read with section 271(1)(c).Held: Penalty notice had been issued in a very routine manner without application of mind as it nowhere specified as to whether penalty was proposed to be imposed for concealment of income or for furnishing of inaccurate particulars of income, accordingly, penalty levied on the basis of such defective notice could not be sustained.
Relied:CIT v. Manjunath Cotton & Ginning Factory (2014) 359 ITR 565 (Karn) : 2014 TaxPub(DT) 202 (Karn-HC) and H. Lakshminarayna v. ITO, (2015) 41 ITR 465 (Assam) : 1961 TaxPub(DT) 0005 (Assam-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2012-13
INCOME TAX ACT, 1961
Section 271(1)(c), Expln.
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