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| The Tax Publishers2020 TaxPub(DT) 1005 (Coch-Trib) : (2020) 182 ITD 0091 INCOME TAX ACT, 1961
Section 271(1)(c)
Show cause notice under section 274 read with section 271(1)(c) was in printed form and AO had not indicated in said notice as to whether penalty was sought to be levied on assessee for 'furnishing inaccurate particulars of income' or 'concealing particulars of such income' by striking off the irrelevant portion of the printed show cause notice. 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 - Non-mention of particular charge of offence in penalty notice -
Assessee challenged penalty levied under section 271(1)(c) on the ground of non-mention of particular charge of offence in penalty notice. Held: As evident, show cause notice under section 274 read with section 271(1)(c) was in printed form and AO had not indicated therein as to whether penalty was sought to be levied on assessee for 'furnishing inaccurate particulars of income' or 'concealing particulars of such income' by striking off the irrelevant portion of the printed show cause notice. Accordingly, penalty levied on the basis of such defective notice could not be sustained.
Applied: M/s. R.R. Holidays Homes (P) Ltd. (ITA No. 513/Coch/2019-Order, dated 8-11-2019 : 2019 TaxPub(DT) 8147 (Coch-Trib)
REFERRED :
FAVOUR : in assessee's favour
A.Y. :
IN THE ITAT, COCHIN BENCH
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