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| The Tax Publishers2020 TaxPub(DT) 2497 (Gau-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
Where show cause notice issued under section 274 proposing to levy penalty under section 271(1)(c), 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.
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Penalty under section 271(1)(c) - Leviability - Defective notice - Non-specification of charge
AO levied penalty under section 271(1)(c). Assessee contended that the notice issued under section 274 proposing to levy penalty under section 271(1)(c) was defective in nature, since it had not spelt out the specific fault/charge as to whether 'assessee concealed the particulars of his income' or 'furnished inaccurate particulars of such income'. Thus, the said penalty was unsustainable. Held: Since show cause notice issued under section 274 proposing to levy penalty under section 271(1)(c), 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.
Followed:Jeetmal Choraria v. ACIT [ITA No. 956/Kol/2016 for assessment year 2010-11 dated 1-12-2017] : 2018 TaxPub(DT) 0062 (Kol-Trib)
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
IN THE ITAT, GUWAHATI BENCH
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