| The Tax Publishers2019 TaxPub(DT) 5556 (Mum-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
Where AO had issued the notice of penalty without specifying the grounds on which the same was imposed, imposition of penalty was unjustified, because this being a mandatory requirement could not be construed as a mere technical error.
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Penalty under section 271(1)(c) - Notice issued by AO without specifying grounds of penalty - Validity -
AO had imposed penalty under section 271(1)(c) on the assessee, who assailed the same contending that notice issued under section 274 did not specify the grounds on which penalty was imposed, i.e., whether for concealment of income or for furnishing of inaccurate particulars. Revenue rejected contention of assessee holding that penalty could not be deleted merely because of a technical error in the show cause notice. Held: From the perusal of the notice, it was very much obvious that AO did not specify the grounds on which penalty was imposed. AO was required to specify that on which limb of section 271(1)(c), the penalty proceedings were initiated, i.e., whether for concealment of particulars of income or for furnishing of inaccurate particulars of income. The notice, in fact, was in standard proforma without the irrelevant clauses therein being struck off. Thus, penalty was deleted.
Followed:UOI & Ors. v. Dharmendra Textile Processors & Ors. (2008) 306 ITR 277 (SC) : 2008 TaxPub(DT) 2320 (SC) Dilip N. Shroff v. JCIT & Anr. (2007) 161 Taxman 218 (SC) : 2007 TaxPub(DT) 1247 (SC) T. Ashok Pai v. CIT (2007) 292 ITR 11 (SC) : 2007 TaxPub(DT) 1251 (SC) Malabar Industrial Co. Ltd. v. CIT (2000) 2 SCC 718 : 2000 TaxPub(DT) 1227 (SC) CIT v. Samson Perinchery [ITA Nos. 1154, 953, 1097 & 1126 of 2014, dated 5-1-2017] : 2017 TaxPub(DT) 0672 (Bom-HC) CIT v. SSA's Emerald Meadows [I.T.A. No. 380 OF 2015, dt. 23-11-2015] : 2018 TaxPub(DT) 0953 (Karn-HC) CIT v. Kaushalya & Ors. (1995) 216 ITR 660 (Bom.) : 1995 TaxPub(DT) 0109 (Bom-HC) Sarita Milind Davare v. ACIT [I.T.A. No. 2187/Mum/2014, I.T.A. No. 1789/Mum/2014, dt. 21-12-2016] : 2017 TaxPub(DT) 0080 (Mum-Trib) and 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)
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
IN THE ITAT, MUMBAI BENCH
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