| |
| The Tax Publishers2020 TaxPub(DT) 2454 (Gau-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
Where show cause notice issued under section 274 read with section 271 did not specify the charge against the assessee as to whether it was for concealing particulars of income or furnishing inaccurate particulars of income, the said notice was bad in law and hence, the penalty levied under section 271(1)(c) would not be sustainable.
|
Penalty under section 271(1)(c) - Leviability - Defective notice - Non-specification of charge
Penalty under section 271(1)(c) was levied against assessee. It was contended on behalf of the assessee that the show cause notice issued under section 274 read with section 271 did not mention any specific fault/charge as to whether the assessee 'concealed particulars of his income' or 'furnished inaccurate particulars of such income', therefore, the penalty levied under section 271(1)(c) was unsustainable. Held: It was found that the AO did not strike out the irrelevant portion of the fault/charge in the penalty notice, which would have spelt out the specific fault/charge against the assessee. Therefore, as the show cause notice issued under section 274 did not specify the charge against the assessee as to whether it was for concealing particulars of income or furnishing inaccurate particulars of income, the said notice was bad in law and hence, the imposition of penalty under section 271(1)(c) could not be sustained.
Followed:Jeetmal Choraria v. ACIT [ITA No. 956/Kol/2016, dt. 1-12-2017] : 2018 TaxPub(DT) 0062 (Kol-Trib)
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
IN THE ITAT, GUWAHATI BENCH
 SUBSCRIBE FOR FULL CONTENT
|