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The Tax PublishersITA No. 5960/Del/2019
2020 TaxPub(DT) 4037 (Del-Trib)INCOME TAX ACT, 1961
Section 271(1)(c)
Penalty notice issue under section 274 read with section 271(1)(c) without specifying as to whether assessee was guilty of concealment of income or for furnishing of inaccurate particulars of income, 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-mention of particular charge of offence in penalty notice. Held: AO initiated penalty proceedings without striking of inappropriate words in the notice issued under section 274 read with section 271(1)(c). It showed that AO himself was not sure as to under which limb he had initiated penalty proceedings under section 271(1)(c), i.e., either for concealment of income or for furnishing of inaccurate particulars of income. Accordingly, the notice was defective and penalty levied on the basis of such notice could not be sustained.
Followed:Pr.CIT v. Sahara India Life Insurance Co. Ltd. ITA 426/019, Order dated 2-8-2019 : 2019 TaxPub(DT) 6933 (Del-HC) and Sanjay Mitra, vide ITA No. 5206/Del/2016, Order, dated 1-10-2018 : 2018 TaxPub(DT) 6513 (Del-Trib). Distinguished:MAK Data (P.) Ltd. v. CIT (2013) 358 ITR 593 (SC) : 2013 TaxPub(DT) 2358 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2014-15
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