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| The Tax Publishers2020 TaxPub(DT) 4375 (Bang-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
Where AO issued notice under section 274 read with section 271(1)(c) in printed format without specifying as to whether penalty was being proposed to be imposed to concealment of particulars of income or for furnishing of inaccurate particulars of income, the notice 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 - Non-specification of particular charge in penalty notice -
Assessee challenged penalty levied by AO under section 271(1)(c) and under section 271AAB on the ground of non-mention of particular charge of offence in penalty notice. Held: Clearly, AO issued notice under section 274 read with section 271(1)(c) in printed format without specifying as to whether penalty was being proposed to be imposed to 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. Same ratio would equally apply to imposition of penalty under section 271AAB and, thus, penalties levied under both the sections were deleted.
Followed:CIT v. SSA's Emerald Meadows in ITA No. 380 of 2015, dated 23-11-2015 : 2018 TaxPub(DT) 0953 (Karn-HC) and CIT v. Manjunatha Cotton and Ginning Factory (2014) 359 ITR 565 (Karn) : 2014 TaxPub(DT) 0202 (Karn-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2009-10 to 2014-15
IN THE ITAT, BANGALORE BENCH
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