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| The Tax Publishers2020 TaxPub(DT) 3585 (Mum-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
Where AO did not specify particular charge of offence in notice issued under section 274 read with section 271(1)(c), 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 - Leviability - Non-specification of particular charge of offence in penalty notice
Assessee challenged penalty levied by AO on the ground of non-specification of particular charge of offence in penalty notice. Held: AO in the notice under section 274 read with section 271(1)(c) failed to specify as to whether assessee was guilty of concealment of particulars of income or furnishing of inaccurate particulars of income. The notice was issued in printed form, and unnecessary portion which was not applicable was not struck off, so as to indicate with clarity the nautre of satisfaction recorded. Accordingly, penalty levied on the basis of such defective notice could not be sustained.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2012-13
INCOME TAX APPELLATE TRIBUNAL RULES,1963
Section 34(5)(c)
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