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The Tax PublishersITA No. 2349/Kol/2018
2019 TaxPub(DT) 2984 (Kol-Trib)INCOME TAX ACT, 1961
Section 271(1)(c)
Non-mention of particular charge in notice issued under section 274 read withs ection 271(1)(c), i.e., whether penalty proceedings were sought to be initiated on account of concealment of income or for furnishing of inaccurate particulars thereof amounted to violation of principles of natural justice and penalty levied on the basis of such defective notice could not be sustained.
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Penalty under section 271(1)(c) - Concealment or furnishing of inaccurate particulars - Non-specification of particular charge in penalty notice -
Assessee challenged levy of penalty 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: Non-mention of particular charge in notice issued under section 274 read withs ection 271(1)(c), i.e., whether penalty proceedings were sought to be initiated on account of concealment of income or for furnishing of inaccurate particulars thereof amounted to violation of principles of natural justice and penalty levied on the basis of such defective notice could not be sustained.
Followed:CIT v. SSA's Emerald Meadows ITA No. 380 of 2015, dt. 23-11-2015, CIT v. Manjunatha Cotton & Ginning Factory (2013) 359 ITR 565 (Kar) : 2014 TaxPub(DT) 202 (Karn-HC), CIT v. Shri Samson Perinchery ITA No. 1154 of 2014, dt. 5-1-2017 and Suvaprasanna Bhattacharya v. ACIT in ITA No. 1303/Kol/2010, dt. 6-11-2015.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2014-15
IN THE ITAT, KOLKATA BENCH
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