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| The Tax Publishers2020 TaxPub(DT) 5269 (Ctk-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
AO in the notice issued under section 274 read with section 271(1)(c) did not specifially state as to whether penalty was being proposed to be imposed for concealment of particulars 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.
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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 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 specifially state as to whether penalty was being proposed to be imposed for concealment of particulars 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.
Relied:Sundaram Finance Ltd. (Formerly M/s. Sundaram Finance Services Ltd.) v. Asstt. CIT (2018) 99 taxmann.com 152 (SC) : 2018 TaxPub(DT) 6831 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2011-12
IN THE ITAT, CUTTACK BENCH
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