The Tax Publishers2019 TaxPub(DT) 4234 (Del-Trib)

INCOME TAX ACT, 1961

Section 271(1)(c)

Where notice issued under section 274 read with section 271(1)(c), did not specifically mention as to under which limb of section 271(1)(c), penalty proceedings were initiated, i.e., whether for concealment of particulars of income or for furnishing of inaccurate particulars of income, the said notice would be considered as bad in law and hence, penalty levied under section 271(1)(c) would not be sustainable.

Penalty under section 271(1)(c) - Leviability - Non-specification of charge -

Penalty under section 271(1)(c) was levied. Assessee contended that assumption of jurisdiction by AO for initiating the penalty proceedings was bad in law since no specific charge was mentioned in notice issued under section 274 read with 271(1)(c), and thus, the said penalty would not be sustainable. Held: Since notice issued under section 274 read with section 271(1)(c), did not specifically mention as to under which limb of section 271(1)(c), penalty proceedings were initiated, i.e., whether for concealment of particulars of income or for furnishing of inaccurate particulars of income, the said notice would be considered as bad in law and hence, the penalty levied under section 271(1)(c) would not be sustainable.

Followed:CIT & Ors. v. M/s. Manjunatha Cotton and Ginning Factory & Ors. (2013) 359 ITR 565 (Karn) : 2014 TaxPub(DT) 202 (Karn-HC)

REFERRED : CIT v. M/s. SSA'S Emerald Meadows in (I.T.A. No. 380 of 2015, dt. 23-11-2015): 2018 TaxPub(DT) 953 (Karn-HC), CIT & Anr. v. M/s. SSA'S Emerald Meadows in (Special Leave to Appeal (C)....../2016 (CC No. 11485/2016), dt. 5-8-2016): 2016 TaxPub(DT) 4242 (SC)

FAVOUR : In assessee's favour.

A.Y. :



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