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| The Tax Publishers2020 TaxPub(DT) 3257 (Kol-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
Penalty notice issued under section 274 read with section 271(1)(c) not spelling out specific charge of offence against assessee was defective and, therefore, 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-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 spell out ground on which penalty was sought to be imposed, i.e., whether assessee was accused of concealment of particulars of any taxable income or he had furnished inacurate particulars of such income. Accordingly, penalty levied on the basis of such defective notice could not be sustained.
Followed:Nishith Kumar Jain v. Asstt. CIT ITA 961-964/Kol/2013 decided on 10-2-2016 and Pr. CIT v. Dr. Murari Mohan Koley ITAT 306/2017 GA No. 2968/2017, dated 18-7-2018 : 2018 TaxPub(DT) 5631 (Cal-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2014-15
IN THE ITAT, KOLKATA BENCH
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