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The Tax PublishersITA No. 186/Del./2018
2020 TaxPub(DT) 4929 (Del-Trib)INCOME TAX ACT, 1961
Section 271(1)(c)
Notices issued under section 274 read with section 271(1)(c) without specifying as to whether it was for 'concealment of particulars of income' or ' 'furnishing of inaccurate particulars of income, was defective and, therefore, 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-specifciation of particular charge of offence in penalty notice -
Assessee challenged penalty levied by AO on the ground of non-mention of particular charge of offence in penalty notice. Held: Bare perusal of the notice issued under section 274 read with section 271(1)(c) showed that under which limb of section 271(1)(c) penalty proceedings have been initiated, i.e., 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:Pr. CIT, & Ors. v. Sahara India Life Insurance Company, Ltd. [ITA 475/2019 Order, dated 2-8-2019] : 2019 TaxPub(DT) 6933 (Del-HC), Smt. Harmeet Kaur Sran v. Dy. CIT Central Circle-29 [ITA No. 2645, 2646 & 2647/De l/2017 for assessment years 2008-09 to 2010-11 Order, dated 29-11-2019] : 2019 TaxPub(DT) 8111 (Del-Trib).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2012-13
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