The Tax Publishers2020 TaxPub(DT) 4664 (Bang-Trib)

INCOME TAX ACT, 1961

Section 271(1)(c)

Penalty, 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: AO in the notice issued under section 274 read with section 271(1)(c) did not specify charge against assessee as to whether it was for concealment of particulars of income or furnishing of inaccurate particulars of income. Accordingly, notice was defective and, therefore, penalty levied on the basis of such notice could not be sustained.

Followed:CIT v. SSA's Emerald Meadows in ITA No. 380 of 2015 dated 23-11-2015 : 2018 Taxpub(DT) 0953 (Karn-HC), CIT v. Manjunatha, CIT v. Manjunatha Cotton and Ginning factory (2013) 359 ITR 565 (Karn) : (2013) 218 Taxman 423 (Kar.) : 2013 TaxPub(DT) 2014 (Karn-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2006-07



IN THE ITAT, BANGALORE BENCH

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com