The Tax Publishers2019 TaxPub(DT) 3237 (Del-Trib)

INCOME TAX ACT, 1961

Section 271(1)(c)

AO in the notice issued under section 274 read with section 271(1)(c) did not specify as to under which limb penalty proceedings had been initiated, i.e., whether for concealment of particulars of income or furnishing of inaccurate particulars of income. Accordingly, notice was defective and penalty levied on the basis of such notice could not be sustained.

Penalty under section 271(1)(c) - Concealment or furnishing of inaccurate particulars - Non-specification of particular charge of offence 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 penalty notice.Held: AO in the notice issued under section 274 read with section 271(1)(c) did not specify as to under which limb penalty proceedings had been initiated, i.e., whether for concealment of particulars of income or furnishing of inaccurate particulars of income. Accordingly, notice was defective and penalty levied on the basis of such notice could not be sustained.

Relied:CIT & Ors. v. Manjunatha Cotton and Ginnig Factory & Ors. (2013) 359 ITR 565 (Karn-HC) : 2014 TaxPub(DT) 0202 (Karn-HC) and CIT & Anr. v. SSA's Emerald Meadows 2016 (8) TMI 1145-Supreme Court : 2016 TaxPub(DT) 4242 (SC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2011-12



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