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| The Tax Publishers2020 TaxPub(DT) 4350 (Del-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
Notice issued under section 274 read with section 271(1)(c) without specifying particular charge of offence against the assessee was defective and 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 - Non-specification of particular charge of offence in penalty notice -
Assessee challenged penalty imposed by AO under section 271(1)(c) on the ground of AO not having mentioned particular charge of offence in penalty notice. Held: AO issued notice under section 274 read with section 271(1)(c) in the standard pro forma wherein irrelevant clauses were not struck off. AO had not specifically mentioned as to under which limb of section 271(1)(c), penalty proceedings had been initiated by him, i.e., whether for concealment of particulars of income or for furnishing of inaccurate particulars of income. Accordingly, the notice was defective and penalty levied on the basis of such notice could not be sustained.
Followed:CIT v. Manjunatha Cotton & Ginning Factor (2014) 359 ITR 565 (Karn) : 2014 TaxPub(DT) 202 (Karn-HC) and CIT v. SSA's Emerald Meadows (2016) 73 Taxmann.com 241 (Karn) : 2018 TaxPub(DT) 953 (Karn-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2009-10
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