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The Tax PublishersITA Nos. 1018 & 1019/Del/2017
2020 TaxPub(DT) 3604 (Del-Trib)INCOME TAX ACT, 1961
Section 271(1)(c)
Where none of the twin charges were struck off in the notice under section 274 read with section 271(1)(c), therefore, it could be said that assessee was not confronted by recording a specific charge whether he concealed income or furnished inaccurate particulars of income, the penalty levied under section 271(1)(c) would not be sustainable.
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Penalty under section 271(1)(c) - Leviability - Defective notice - Non-specification of charge
AO levied penalty under section 271(1)(c). Assessee contended that none of the twin charges had been struck off in the notice under section 274 read with section 271(1)(c), thus, the penalty levied under section 271(1)(c) would not be sustainable. Held: It was found that none of the twin charges had been struck off in the notice under section 274 read with section 271(1)(c), therefore, it could be said that assessee was not confronted by recording a specific charge whether he concealed income or furnished inaccurate particulars of income, the penalty levied under section 271(1)(c) would not be sustainable.
Followed:Pr. CIT & Ors. v. Sahara India Life Insurance Company Ltd. (ITA Number 475/2019 Dated 2-8-2019 : 2019 TaxPub(DT) 6933 (Del-HC)
REFERRED :
FAVOUR : In assessee's favour
A.Y. : 2012-13
INCOME TAX ACT, 1961
Section 271B
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