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The Tax PublishersITA Nos. 7091, 7092/Del/2018
2019 TaxPub(DT) 0843 (Del-Trib)INCOME TAX ACT, 1961
Section 271(1)(c)
Notice issued by AO under section 274 read with section 271(1)(c) was defective as it did not specify particular limb of section 271(1)(c) under which penalty proceedings had been initiated, i.e., whether for concealment of particulars of income or furnishing of inaccurate particulars of income, therefore, levy of penalty on the basis of such notice could not be sustained.
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Penalty under section 271(1)(c) - Concealment or furnishing of inaccurate particulars - No specific charge -
AO levied penalty under section 271(1)(c). Assessee challenged this on the ground that AO failed to specify particular charge of offence in notice issued under section 274 read with section 271(1)(c), i.e., whether penalty proceedings were initiated for concealment of income or for furnishing of inaccurate particulars thereof.Held: Notice issued by AO under section 274 read with section 271(1)(c) was defective as it did not specify particular limb of section 271(1)(c) under which penalty proceedings had been initiated, therefore, penalty levied on the basis of such notice could not be sustained.
Relied:CIT & Anr. v. SSA's Emerald Meadows 2016 (8) TMI 1145 (SC). [CC No. 11485/2016, dt. 5-8-2016] : 2016 TaxPub(DT) 4242 (SC)
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2014-15
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