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The Tax PublishersITA Nos. 5058 & 5059/Del/2016
2020 TaxPub(DT) 3434 (Del-Trib)INCOME TAX ACT, 1961
Section 271(1)(c)
Penalty notice issued under section 274 read with section 271(1)(c) without specifying particular charge of offence against assessee was defective and, therefore, penalty levied on the basis of such notice could not be sustained.
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Penalty under section 271(1)(c) - Concealment or furnishing of inaccurate particulars - Leviability - Non-specification of particular charge of offence in penalty notice
AO levied penalty under section 271(1)(c). Assessee challenged this on the ground of non-mention of particular charge of offence in penalty notice. Held: A perusal of notice issued under section 274 read with section 271(1)(c), showed that inappropriate words in said notice had not been struck off and said notice did not specify the limb under which penalty was sought to be levied. Accordingly, penalty proceedings initiated by AO were not in accordance with law and, therefore, penalty was cancelled on account of defective notice.
Followed:CIT v. SSA'S Emerald Meadows 2018 TaxPub(DT) 0953 (Karn-HC) and 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. : 2013-14
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