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The Tax PublishersITA Nos. 265 to 270/Lkw/2019, C.O. Nos. 10 to 15/Lkw/2019 (in ITA Nos. 265 to 270/Lkw/2019)
2021 TaxPub(DT) 6024 (Luck-Trib) : (2022) 096 ITR (Trib) 0460INCOME TAX ACT, 1961
Section 271(1)(c)
From perusal of show-cause under section 274 read with section 271(1)(c), it was crystal clear that charge was not specific for which penalty was sought to be levied under section 271(1)(c), i.e., whether for concealment of income or for furnishing of inaccurate particulars of income. Accordingly, the notice was defective and penalty levied on the basis of such notice was bad in law.
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Penalty under section 271(1)(c) - Concealment of income or furnishing of inaccurate particulars - Defective 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 by AO. Held: From perusal of show-cause under section 274 read with section 271(1)(c), it was crystal clear that charge was not specific for which penalty was sought to be levied under section 271(1)(c), i.e., whether for concealment of income or for furnishing of inaccurate particulars of income. Accordingly, the notice was defective and penalty levied on the basis of such notice was bad in law.
Relied:CIT v. SSA's Emerald Meadows (2016) 73 Taxmann.com 248 (SC) : 2016 TaxPub(DT) 4242 (SC), CIT & Anr. v. Manjunath Cotton & Ginning Factory (2013) 359 ITR 565 (Karn.), Meherjee Cassinath Holdings (P) Ltd. v. Asstt. CIT ITA No. 2555/MUM/2012, Order, dated 28-4-2017 : 2017 TaxPub(DT) 1239 (Mum-Trib) and Chandra Prakash Bubna v. ITO, Ward 27(3), Kolkata (2015) 64 Taxmann.com 155 (Kol-Trib) : 2015 TaxPub(DT) 5451 (Kol-Trib). Distinguished:Sundaram Finance Limited (Formerly M/s. Sundaram Finance Services Ltd.) v. Asstt. CIT (2018) 93 taxmann.com 250 (Mad-HC) : (2018) 403 ITR 407 (Mad-HC) : 2018 TaxPub(DT) 2565 (Mad-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2003-04 to 2007-08
IN THE ITAT, LUCKNOW BENCH
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