The Tax Publishers2019 TaxPub(DT) 0822 (Asr-Trib)

INCOME TAX ACT, 1961

Section 271(1)(c)

Where the notice issued by AO under section 274 read with section 271(1)(c) did not specify the limb of section 271(1)(c) under which the penalty proceedings were initiated, i.e., whether for concealment or furnishing of inaccurate particulars of income, it was bad in law.

Penalty under section 271(1)(c) - Concealment or furnishing of inaccurate particulars of income - Non-specification of charge - Defective notice

AO initiated the penalty proceedings for furnishing of inaccurate particulars of income and levied penalty. Assessee submitted that the AO in the penalty notice had not specified the specific charge for which the penalty was levied. Held: Notice issued by AO under section 274 read with section 271(1)(c) was bad in law as it did not specify the limb of section 271(1)(c) under which the penalty proceedings were initiated, i.e., whether for concealment of particulars of income or furnishing of inaccurate particulars of income.

Relied:The CIT & Oths. v. M/s. Manjunatha Cotton and Ginning Factory & Oths., M/s. V.S. Lad & Sons, (2013) 359 ITR 565 (Karn) : 2014 TaxPub(DT) 202 (Karn-HC)

REFERRED :

FAVOUR : In assessee's favour

A.Y. :



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