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| The Tax Publishers2021 TaxPub(DT) 3544 (Mum-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
Following the decision rendered in case of Mohd. Farhan A Shaikh v. Dy. CIT 434 ITR 1 (Bom), penalty levied by AO under section 271(1)(c) was directed to be deleted.
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Penalty under section 271(1)(c) - Concealment - Non-specification of charge -
Assessee filed appeal against penalty levied under section 271(1)(c). It was contended by assessee that in the show-cause notice issued to him under section 274 read with section 271(1)(c) AO had not struck-off the irrelevant portion and AO thus, had not specified the specific offence committed as to whether the assessee had concealed particulars of his income or had furnished inaccurate particulars of income. Held: This issue was no longer res-integra in view of decision of rendered in the case of Mohd. Farhan A Shaikh v. Dy. CIT 434 ITR 1 (Bom). Thus, penalty levied by AO was directed to be deleted.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2005-06 & 2010-11
IN THE ITAT, MUMBAI BENCH
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