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| The Tax Publishers2020 TaxPub(DT) 2329 (Del-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
Notice issued section 274 read with section 271(1)(c) not specifying particular charge of offence against assessee was defective and penalty levied on the basis of such notice could not be sustained.
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Penalty under section 271(1)(c) - Concealment or furnishing of inaccurate particulars - Defective notice -
Assessee challenged levy of penalty under section 271(1)(c) on the ground of non-mention of particular charge of offence in penalty notice. Held: AO in the notice issued section 274 read with section 271(1)(c) 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 notice was defective and penalty levied on the basis of such notice could not be sustained.
Applied:Pr. CIT & Ors. v. Sahara India Life Insurance Company Ltd. 2019 TaxPub(DT) 6933 (Del-HC). Distinguished:New Holland Tractors India Pvt. Ltd. v. CIT (Appeals) (2014) 49 Taxman.com 573 (Del) : 2014 TaxPub(DT) 4018 (Del-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2004-05
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