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| The Tax Publishers2019 TaxPub(DT) 5536 (Bang-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
In show cause notice issued under section 274 read with section 271(1)(c) AO did not specify the charge against assessee as to whether assessee was guilty of 'concealing particulars of income' or 'furnishing inaccurate particulars of income, accordingly, levy of penalty on the basis of such defective notice issued in violation of principles of natural justice 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 -
AO levied penalty under section 271(1)(c). Assessee challenged this on the ground of AO not having mentioned particular charge in penalty notice.Held: In show cause notice issued under section 274 read with section 271(1)(c) AO did not specify the charge against assessee as to whether assessee was guilty of 'concealing particulars of income' or 'furnishing inaccurate particulars of income accordingly levy of penalty on the basis of such defective notice issued in violation of principles of natural justice could not be sustained.
Relied:CIT v. SSA's Emerald Meadows in ITA No. 380 of 2015, dated 23-11-2015 CIT v. Manjunatha Cotton and Ginning factory (2013) 359 ITR 565 (Karn) : 2014 TaxPub(DT) 202 (Karn-HC)
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2009-10
IN THE ITAT, BANGALORE BENCH
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