The Tax Publishers2020 TaxPub(DT) 4225 (Bang-Trib)

INCOME TAX ACT, 1961

Section 271(1)(c)

Notice issued under section 274 read with section 271(1)(c) without mentioning particular charge of offence against assessee was defective and therefore, penalty levied on the basis of such notice could not be sustained.

Penalty under sect ion 271(1)(c) - Concealment or furnishing of inaccurate particulars - Non--mention of particular charge of offence in penalty notice -

Assessee challenged penalty levied by AO under section 271(1)(c) on the ground of non-mention of particular charge of offence in penalty notice.Held: AO in the notice issued under section 274 read with section 271(1)(c) did not strike off the inappliable portion and did not specifically disclose charge against assessee as to whether it was for concealment of particulars of income or furnishing of inaccurate particulars of income. Accordingly, the notice was defective and therefore, penalty levied on the basis of such notice could not be sustained.

Followed:CIT v. Manjunatha Cotton & Ginning Factory Ltd. (2014) 35 Taxmann.com 250 (Karn-HC) : 2014 TaxPub(DT) 202 (Karn-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2008-09



IN THE ITAT, BANGALORE BENCH

N.V. VASUDEVAN, V.P. & B.R. BASKARAN, A.M.

ACIT v. Mamatha Mohan

ITA No. 1195/Bang/2016, ITA No. 2706/Bang/2017, C.O. No. 33/Bang/2018 (Arising out of ITA No. 2706/Bang/2017)

28 September, 2020

Appellant by: Priyadarshi Mishra, D.R.

Respondent by: Padam Chand Khincha, A.R.

ORDER

B.R. Baskaran, A.M.

The revenue has filed two appeals challenging the orders passed by the learned Commissioner (Appeals)-2, Panaji in the quantum assessment proceedings as well as in penalty proceedings. The assessee has filed cross objection in respect of order passed by learned Commissioner (Appeals) in the penalty proceedings.

All the appeals relate to assessment year 2008-09.

2. We shall first take up the appeal filed by the revenue in the quantum assessment proceedings. Grounds of appeal raised by the revenue read as under :--

'1. The order of the Commissioner (Appeals) is erroneous both on facts and in law.

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