| |
| The Tax Publishers2020 TaxPub(DT) 1808 (Kol-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
Imposition of penalty under section 271(1)(c) on defective show-cause notice, without specifying specific charge of concealment or furnishing inaccurate particulars of income against assessee, would not be sustained.
|
Penalty under section 271(1)(c) - Leviability - Defective notice - Non-specification of charge
Pursuant to additions made in course of assessment proceedings, AO levied penalty under section 271(1)(c) upon assessee-company. Assessee submitted that as show cause notice issued under section 274 read with 271 did not contain the specific charge as to whether it was guilty of having concealed particulars of income or having furnished inaccurate particulars of income, the imposition of penalty was bad in law.Held: It was found that show cause notice issued under section 274 read with section 271 issued by AO before imposing penalty, did not contain the specific charge against the assessee namely as to whether the assessee was being proceeded against for 'having concealed particulars of income' or 'having furnished inaccurate particulars of income'. Thus, such notice was bad in law and invalid and hence, the penalty levied under section 271(1)(c) would not be sustainable.
Followed:Jeetmal Choraria v. Asstt. CIT [ITA No. 956/Kol/2016 dt. 1-12-2017] : 2018 TaxPub(DT) 0062 (Kol-Trib).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
IN THE ITAT, KOLKATA BENCH
 SUBSCRIBE FOR FULL CONTENT
|