The Tax Publishers2019 TaxPub(DT) 1495 (Ind-Trib)

INCOME TAX ACT, 1961

Section 271(1)(c)

AO in the notice issued under section 274 read with section 271(1)(c) had not mentioned as to for which limb, i.e., for concealment of particulars of income or for furnishing inaccurate particulars of income, penalty proceeding had been initiated, accordingly levy of penalty on the basis of such defective notice could not be sustained.

Penalty under section 271(1)(c) - Concealment or furnishing of inaccurate particulars - Non-mention of specific charge in penalty notice -

Assessee challenged penalty levied by AO under section 271(1)(c) on the ground of non-mention of particular charge of offence in notice issued under section 274 read with section 271(1)(c). Held: AO in the notice issued under section 274 read with section 271(1)(c) had not mentioned as to for which limb, i.e., for concealment of particulars of income or for furnishing inaccurate particulars of income, penalty proceeding had been initiated, accordingly levy of penalty on the basis of such defective notice could not be sustained.

Relied on:CIT v. M/s. SSA's Emerald Meadows [ITA No. 380 of 2015] : 2018 TaxPub(DT) 0953 (Karn-HC)CIT & Ors. v. M/s. Manjunatha Cotton and Ginning Factory & Ors. (2013) 359 ITR 565 (Karn) : 2014 TaxPub(DT) 0202 (Karn-HC)

REFERRED :

FAVOUR : In assessee's favour

A.Y. : 2007-08



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