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| The Tax Publishers2021 TaxPub(DT) 5265 (SC) : (2021) 282 TAXMAN 0463 INCOME TAX ACT, 1961
Section 261 Section 271(1)(c)
Department preferred SLP to appeal against the judgment of Bombay High Court in Pr. CIT v. Goa Coastal Resorts & Recreation (P) Ltd. [Tax Appeal No. 24 of 2019, dt. 11-11-2019] : 2020 TaxPub(DT) 81 (Bom-HC), whereby the High Court held that notice issued to assessee must indicate whether AO was satisfied that the case of the assessee involves concealment of particulars of income or furnishing of inaccurate particulars of income or both, with clarity. Therefore, there was no proper record of satisfaction or proper application of mind in matter of initiation of penalty proceedings, the Supreme Court condoned delay and dismissed the SLP.
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Appeal (Supreme Court) - Special leave petition - Penalty under section 271(1)(c) - Validity-Notice issued by AO without specifying grounds of penalty
Department preferred SLP to appeal against the judgment of Bombay High Court in Pr. CIT v. Goa Coastal Resorts & Recreation (P) Ltd. [Tax Appeal No. 24 of 2019, dt. 11-11-2019] : 2020 TaxPub(DT) 81 (Bom-HC), whereby the High Court held that notice issued to assessee must indicate whether AO was satisfied that the case of the assessee involves concealment of particulars of income or furnishing of inaccurate particulars of income or both, with clarity. Therefore, there was no proper record of satisfaction or proper application of mind in matter of initiation of penalty proceedings. Held: The Supreme Court condoned delay and dismissed the SLP.
REFERRED :
FAVOUR : SLP dismissed.
A.Y. :
IN THE SUPREME COURT OF INDIA
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