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The Tax PublishersITA No. 2365/Kol/2018
2020 TaxPub(DT) 2398 (Kol-Trib)INCOME TAX ACT, 1961
Section 271(1)(c)
AO in the notice issued under section 274 read with section 271(1)(c) did not specify charge against assessee as to whether it was for concealing particulars of income or furnishing inaccurate particulars of income, therefore, notice 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 - Non-mention of particular charge of offence in penalty notice -
Assessee challenged penalty levied by AO under section 271(1)(c) on the ground of non-specification of particular charge of offence in penalty notice.Held: AO in the notice issued under section 274 read with section 271(1)(c) did not specify charge against assessee as to whether it was for concealing particulars of income or furnishing inaccurate particulars of income. The show cause notice under section 274 did not strike out inappropriate words. Accordingly, the notice was defective and penalty levied on the basis of such notice could not be sustained.
Followed:Jeetmal Choraria v. Asstt. CIT ITA No. 956/Kol/2016 for assessment year 2010-11, dated 1-12-2017 : 2018 TaxPub(DT) 62 (Kol-Trib).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2014-15
IN THE ITAT, KOLKATA BENCH
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