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| The Tax Publishers2021 TaxPub(DT) 1240 (SC) : (2021) 277 TAXMAN 0595 INCOME TAX ACT, 1961
Section 261 Section 271(1)(c)
Where the department preferred SLP to appeal against the judgment of Bombay High Court in Pr. CIT (Central), Bengaluru v. Golden Peace Hotels and Resorts (P) Ltd. [Tax Appeal No 13 of 2019, dt. 3-2-2020] : 2020 TaxPub(DT) 797 (Bom-HC), whereby the High Court held that in the present case, it was apparent that inapplicable portions have not been struck off and this coupled with the fact adverted leaves no ground for interference with the impugned order, that Order was quite consistent with the law laid down in the case of Samson Perinchery (2017) 392 ITR 4 (Bom) : (2017) TaxPub(DT) 672 (Bom-HC) and New Era Sova Mine (2019) TaxPub(DT) 6063 (Bom-HC) and therefore, warrants no interference, that notice in the present case was itself defective and further, there was no finding or satisfaction recorded in relation to concealment or furnishing of inaccurate particulars of income. The Supreme Court dismissed the SLP.
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Appeal (Supreme Court) - Special leave petition - Penalty under section 271(1)(c) - Leviability--Defective notices issued without striking off the inapplicable portions
Department preferred SLP to appeal against the judgment of Bombay High Court in Pr. CIT (Central), Bengaluru v. Golden Peace Hotels and Resorts (P) Ltd. [Tax Appeal No 13 of 2019, dt. 3-2-2020] : 2020 TaxPub(DT) 797 (Bom-HC), whereby the High Court held that in the present case, it was apparent that inapplicable portions have not been struck off and this coupled with the fact adverted leaves no ground for interference with the impugned order, that Order was quite consistent with the law laid down in the case of Samson Perinchery (2017) 392 ITR 4 (Bom) : (2017) TaxPub(DT) 672 (Bom-HC) and New Era Sova Mine (2019) TaxPub(DT) 6063 (Bom-HC) and therefore, warrants no interference, that notice in the present case was itself defective and further, there was no finding or satisfaction recorded in relation to concealment or furnishing of inaccurate particulars of income. Held:> The Supreme Court dismissed the SLP.
REFERRED :
FAVOUR : SLP dismissed.
A.Y. :
IN THE SUPREME COURT OF INDIA
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