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| The Tax Publishers2019 TaxPub(DT) 0255 (Bom-HC) INCOME TAX ACT, 1961
Section 271(1)(c) & 274
No penalty was imposable under section 271(1)(c) when at the time of initiating penalty proceedings or even at the time of issuing show-cause notices for imposition of penalty, AO had not specified charge under which penalty was being imposed.
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Penalty under section 271(1)(c) - Leviability - Non-mention of specific charge in notice -
Tribunal allowed assessee's appeals holding that no penalty was imposable under section 271(1)(c) for the reason that at time of initiating penalty proceedings or even at time of issuing show-cause notices for imposition of penalty, AO had not specified whether the penalty proceedings were on account of concealment of particulars or furnishing incorrect details/particulars. In the absence of same, the entire proceedings were without jurisdiction.
Relied upon:CIT-11 v. Samson Perinchery (2017) 392 ITR 4 (Bom-HC) : 2017 TaxPub(DT) 672 (Bom-HC),
REFERRED : T Ashok Pai v. CIT (2007) 292 ITR 11 (SC) : 2007 TaxPub(DT) 1251 (SC), CIT & Ors. v. M/s. Manjunatha Cotton and Ginning Factory & Ors., M/s. V.S. Lad & Sons, (2013) 359 ITR 565 (Karn-HC) : 2014 TaxPub(DT) 202 (Karn-HC),
FAVOUR : In assessee's favour
A.Y. : 2007-08 & 2008-09
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