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| The Tax Publishers2020 TaxPub(DT) 5395 (Kol-Trib) : (2021) 085 ITR (Trib) 0267 INCOME TAX ACT, 1961
Section 274 Section 271(1)(c)
AO in the notice issued under section 274 read with section 271(1)(c) did not strike out as to whether the penalty was sought to be levied for 'furnishing of inaccurate particulars of income' or 'concealing particulars of such income. Accordingly, the notice 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-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 against assessee in penalty notice. Held: AO in the notice issued under section 274 read with section 271(1)(c) did not strike out as to whether the penalty was sought to be levied for 'furnishing of inaccurate particulars of income' or 'concealing particulars of such income. Accordingly, the notice was defective and penalty levied on the basis of such notice, could not be sustained.
Followed:Suvaprasanna Bhattacharya v. Asstt. CIT Order, dt. 6-11-2015 in ITA No. 1303/Kol/2010 : 2015 TaxPub(DT) 5064 (Kol-Trib), CIT & Anr. v. Manjunatha Cotton & Ginning Factory 2014) 359 ITR 565 (Karn) : 2014 TaxPub(DT) 202 (Karn-HC), Pr. CIT v. Bijoy Kr. Agarwal, ITAT No. 272 of 2017 dt. 2-4-2019 : 2019 TaxPub(DT) 4425 (Cal-HC), Amrit Foods v. CCE UP (2005) 13 SCC 419 : 2005 TaxPub(EX) 2424 (SC), Pr. CIT v. Dr. Murari Mohan Koley ITAT No. 306 of 2017 dt. 18-7-2018 : 2018 TaxPub(DT) 5631 (Cal-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
IN THE ITAT, KOLKATA BENCH
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