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| The Tax Publishers2020 TaxPub(DT) 4381 (Del-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
Where show cause notice issued by AO before levy of penalty under section 271(1)(c) did not specify under which limb of section 271(1)(c), the penalty proceedings had been initiated, i.e., whether for concealment of particulars of income or for furnishing of inaccurate particulars of income, the said notice was bad in law and hence, the penalty levied under section 271(1)(c) would not be sustainable.
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Penalty under section 271(1)(c) - Leviability - Defective notice - Non-specification of charge
AO levied penalty under section 271(1)(c). Assessee contended that show cause notice issued before levy of the said penalty was bad in law as it did not specify under which limb of section 271(1)(c), the penalty proceedings had been initiated and therefore, the penalty levied under section 271(1)(c) would not be tenable. Held: It was found that show cause notice issued by AO before levy of penalty under section 271(1)(c) did not specify under which limb of section 271(1)(c), the penalty proceedings had been initiated, i.e., whether for concealment of particulars of income or for furnishing of inaccurate particulars of income, therefore, the said notice was bad in law and hence, the penalty levied under section 271(1)(c) would not be sustainable and the same was accordingly, deleted.
REFERRED : Pr. CIT & Ors. v. Sahara India Life Insurance Company Ltd. 2019 TaxPub(DT) 6933 (Del-HC) CIT v. SSA'S Emerald Meadows (2018) 73 taxmann.com 241 (Karn-HC.) : 2018 TaxPub(DT) 0953 (Karn-HC) CIT & Ors. v. Manjunatha Cotton & Ginning Factory & Ors.(2013) 359 ITR 565 (Karn-HC.) : 2014 TaxPub(DT) 0202 (Karn-HC) CIT & Anr. v. SSA'S Emerald Meadows [SLP No. 11485 of 2016 by Order, dated 5-8-2016] : 2016 TaxPub(DT) 4242 (SC)
FAVOUR : In assessee's favour
A.Y. : 2009-10 to 2012-13
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