| |
| The Tax Publishers2019 TaxPub(DT) 3320 (Kol-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
Non-mention of particular charge in penalty notice, i.e., whether assessee had concealed particulars of income or had furnished inaccurate particulars of income, amounted to violation of principles of natural justice and penalty levied on the basis of such defective notice could not be sustained.
|
Penalty under section 271(1)(c) - Concealment or furnishing of inaccurate particulars - Leviability - Defective notice
AO levied penalty under section 271(1)(c). Assessee challenged this 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 penalty notice, i.e., whether assessee had concealed particulars of income or had furnished inaccurate particulars of income, amounted to violation of principles of natural justice and penalty levied on the basis of such defective notice could not be sustained.
Relied:PCIT v. Dr. Murari Mohan Koley in ITAT No. 306 of 2017, G.A. No. 2968 of 2017 dt. 18-7-2018 : 2018 TaxPub(DT) 5631 (Cal-HC) and Vegetable Products Ltd. 88 ITR 192 (SC) : 1973 TaxPub(DT) 0421 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2013-14
IN THE ITAT, KOLKATA BENCH
 SUBSCRIBE FOR FULL CONTENT
|