| |
| The Tax Publishers2020 TaxPub(DT) 4418 (Mum-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
Notice issued under section 274 read with section 271(1)(c) without specifying particular charge of offence against assessee was defective and, therefore, penalty levied on the basis of such notice could not be sustained.
|
Penalty under section 271(1)(c) - Concealment or furnishing of inaccurate particulars - Non-specification 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: Two defaults, viz., 'concealment of income' and 'furnishing of inaccurate particulars of income' as contemplated in section 271(1)(c) are separate and distinct defaults which operate in their exclusive and independent fields and failure to specify particular charge of offence in the notice issued under section 274 read with section 271(1)(c) clearly reflected non-application of mind by AO and, therefore, penalty levied by AO on the basis of such defective notice could not be sustained.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2012-13 & 2014-15
IN THE ITAT, MUMBAI BENCH
 SUBSCRIBE FOR FULL CONTENT
|