The Tax Publishers2020 TaxPub(DT) 4348 (Mum-Trib)

INCOME TAX ACT, 1961

Section 271(1)(c)

Where AO issued notice under section 274 read with section 271(1)(c) in the standard printed form, i.e., without striking off irrelevant part and it was not discernible as to whether it was concealment of income or for furnishing of inaccurate particulars thereof, the notice was defective and penalty imposed on the basis of such notice could not be sustained.

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

Assessee challenged penalty levied by AO under section 271(1)(c) on the ground of non-specification of charge of offence against assessee in penalty notice. Held: AO issued notice under section 274 read with section 271(1)(c) in the standard printed form, i.e., without striking off irrelevant part and it was not discernible as to whether it was concealment of income or for furnishing of inaccurate particulars thereof. Accordingly, the notice was defective and penalty imposed on the basis of such notice could not be sustained.

Followed:CIT v. SSA's Emerald Meadows (2018) 73 Taxmann.com 241 (Karn) : 2018 TaxPub(DT) 953 (Karn-HC), CIT v. Manjunatha Cotton & Ginning Factory (2013) 359 ITR 565 (Karn) : 2014 TaxPub(DT) 202 (Karn-HC) and Dilip & Shroff v. Jt. CIT 2007 TaxPub(DT) 1247 (SC) and T. Ashok Pai v. CIT (2007) 292 ITR 11 (SC) : 2007 TaxPub(DT) 1251 (SC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2013-14



IN THE ITAT, MUMBAI BENCH

SHAMIM YAHYA, A.M. & RAVISH SOOD, J.M.

Classic Developers v. ACIT

ITA No. 1585/Mum/2019

9 October, 2020

In favour of assessee.

Appellant by: None

Respondent by: Uodal Raj Singh, D.R

ORDER

Ravish Sood, J.M.

The present appeal filed by the assessee is directed against the order passed by the Commissioner (Appeals)-6, Mumbai, dated 11-12-2018, which in turn arises from the order passed by the assessing officer under section 271(1)(c) of the Income Tax Act, 1961 (for short 'Act'), dated 29-9-2016 for assessment year 2013-14. The assessee has assailed the impugned order on the following grounds of appeal before us :--

'1. That on facts and circumstances of the case penalty imposed under section 271(1)(c) at Rs. 4,48,050 by learned assessing officer and confirmed by learned Commissioner (Appeals) is bad in law and void-ab-initio therefore same be quashed on the following stated grounds :--

(i) Appellant was never communicated either of twin exact charge envisaged in section 271(1)(c) for which impugned penalty has been imposed; and

(ii) In the assessment order directing to initiate the penalty proceeding and also in the impugned penalty order the alleged penalty has been imposed giving the finding that appellant has committed both the twin default which is against the provisions of law being both charges specified in section 271(1)(c) carries different meaning and operate in different sphere; and

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