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| The Tax Publishers2020 TaxPub(DT) 1155 (Bang-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
As evident, AO in notice issued under section 274 read with section 271(1)(c) did not strike out inappropriate words and did not specify particular charge against assessee as to whether penalty proceeding was sought to be initiated for concealing particulars of income or furnishing inaccurate particulars of income. Accordinlgy, 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-specification of particular charge in penalty notice -
Assessee challenged penalty levied by AO under section 271(1)(c) on the ground of AO not having mentioned particular charge of offence in penalty notice.Held: As evident, AO in notice issued under section 274 read with section 271(1)(c) did not strike out inappropriate words and did not specify particular charge against assessee as to whether penalty proceeding was sought to be initiated for concealing particulars of income or furnishing inaccurate particulars of income. Accordinlgy, penalty levied on the basis of such defective notice could not be sustained.
Followed:CIT v. SSA's Emerald Meadows in ITA No. 380 of 2015, dated 23-11-2015 : 2018 TaxPub(DT0 953 (karn-HC) and CIT v. Manjunatha Cotton and Ginning Factory (2014) 359 ITR 565 (Karn) : 2014 TAxPub(DT) 202 (karn-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2007-08, 2010-11 & 2011-12
IN THE ITAT, BANGALORE BENCH
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