The Tax Publishers2021 TaxPub(DT) 1301 (Del-Trib)

INCOME TAX ACT, 1961

Section 271(1)(c)

Where notice issued under section 274 for imposing penalty under section 271(1)(c) did not specify the ground on which penalty was sought to be imposed as such, the same was invalid and not sustainable and had to be deleted.

Penalty under section 271(1)(c) - Leviability - Notice not specifying charge on which penalty sought to be imposed -

AO on the additional income declared before Income Tax Settlement Commission levied penalty under section 271(1)(c). Assessee submitted that AO had simply initiated the penalty proceedings without recording his clear satisfaction and without any specific charge. Held: As decided in assessee's own case [ITA No. 5088/DEL/2017, dt. 21-1-2021] inappropriate words in the penalty notice has not been struck off and the notice does not specify as to under which limb of the provisions, the penalty under section 271(1)(c) has been initiated, therefore, penalty levied under section 271(1)(c) was not sustainable and had to be deleted.

Followed:Radhika Surgical Pvt. Ltd. v. Asstt. CIT 2021 TaxPub(DT) 0511 (Del-Trib).

REFERRED :

FAVOUR : In favour of assessee.

A.Y. : 2010-11 to 2012-13



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