The Tax Publishers2020 TaxPub(DT) 0853 (Del-Trib)

INCOME TAX ACT, 1961

Section 271(1)(c)

As evident from notice issued under section 274 read with section 271(1)(c), AO did not specify as to whether penalty proceedings were sought to be initiated for concealment of particulars of income or for furnishing inaccurate particulars of income. Accordingly, 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 - Defective notice -

Assessee challenged penalty levied under section 271(1)(c) on the ground of non-mention of particular charge of offence in penalty notice. Held: As evident from notice issued under section 274 read with section 271(1)(c), AO did not specify as to whether penalty proceedings were sought to be initiated for concealment of particulars of income or for furnishing inaccurate particulars of income. Accordingly, penalty levied on the basis of such defective notice could not be sustained.

Followed:CIT v. Manjunatha Cotton and Ginning Factory [2014 TaxPub(DT) 0202 (Karn-HC)], CIT v. SSA's Emerald Meadows [(2016) 242 Taxman 180 (SC) : 2016 TaxPub(DT) 4242 (SC)] and Pr. CIT v. Sahara India Life Insurance Company Ltd. [2019 TaxPub(DT) 6933 (Del-HC)]

REFERRED :

FAVOUR : in assessee's favour

A.Y. :



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