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| The Tax Publishers2019 TaxPub(DT) 6889 (Coch-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
As evident from notice issued under section 274 read with section 271(1)(c), AO did not specify as to under which limb of section 271(1)(c) penalty proceedings had been initiated, i.e., whether for concealment of particulars of income or furnishing of inaccurate particulars of income, accordingly, penalty levied on the basis of such defective notice could not be sustained.
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Penalty under section 271(1)(c) - Concealment or furnishing of inaccurate particulars - No mention of particular charge in penalty notice -
AO leied penalty under section 271(1)(c). Assessee challenged this on the ground of non-mention of paricular charge of offence in penalty notice.Held: As evident from notice issued under section 274 read with section 271(1)(c), AO did not specify as to under which limb of section 271(1)(c) penalty proceedings had been initiated, i.e., whether for concealment of particulars of income or furnishing of inaccurate particulars of income, accordingly, penalty levied on the basis of such defective notice could not be sustained.
Relied:CIT & Anr. v. SSA's Emerald Meadows (2016) (8) TMI 1145 : [Special Leave to Appeal (C)....../2016 [CC No.11485/2016), dt. 5-82016] : 2016 TaxPub(DT) 4242 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2002-03 to 2008-09
IN THE ITAT, COCHIN BENCH
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