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| The Tax Publishers2019 TaxPub(DT) 4635 (Visakhapatnam-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
AO did not strike off the irrelevant column in penalty notice and let assessee know as to whether penalty proceedings was initiated for concealment of income or for furnishing inaccurate particulars, therefore, 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 - No 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 did not strike off the irrelevant column in penalty notice and let assessee know as to whether penalty proceedings was initiated for concealment of income or for furnishing inaccurate particulars, therefore, penalty levied on the basis of such defective notice could not be sustained.
Relied:Konchada Sreeram v. ITO, Ward-1 (1), Visakhapatnam in (I.T.A. No. 388/Viz/2015, dt. 6-10-2017), CIT & Anr. v. SSA'S Emerald Meadows [Special Leave to Appeal (C)....../2016 (CC No. 11485/2016), dt. 5-8-2016) : 2016 TaxPub(DT) 4242 (SC) and Pr. CIT-I, Visakhapatnam v. Smt. Baisetty Revathi (2017) 398 ITR 88 (AP) : 2017 TaxPub(DT) 1915 (Hyd-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2009-10
IN THE ITAT, VISAKHAPATNAM BENCH
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