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| The Tax Publishers2020 TaxPub(DT) 1259 (Kol-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
Since notice issued under section 274 read with section 271(1)(c) did not specify as to whether penalty was sought to be levied for “concealment of particulars of income” or “furnishing of inaccurate particulars of incomeâ€, therefore , 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 - Defective notice -
AO levied Penalty under section 271(1)(c). Assessee challenged this on the ground of non-mention of particular charge of offence in penalty notice. Held: As evident, notice issued under section 274 read with section 271(1)(c) did not specify as to whether penalty was sought to be levied for “concealment of particulars of income” or “furnishing of inaccurate particulars of incomeâ€. Accordingly, 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 dt. 23-11-2015 ,CIT v. Manjunatha Cotton and Ginning factory (2013) 359 ITR 565
REFERRED :
FAVOUR : in assessee's favour
A.Y. :
INCOME TAX ACT, 1961
Section 143(3)
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