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2019 (1) TMI 40 - HC - Income TaxPenalty u/s 271(1)(c) - non specification of charge - defective notice - Held that:- No penalty is imposable under Section 271(1)(c) for the reason that at the time of initiating penalty proceedings or even at the time of issuing showcause notices for imposition of penalty, the Assessing Officer had not specified whether the penalty proceedings are on account of concealment of particulars or furnishing incorrect details / particulars. In the absence of the same being specified, the entire proceedings were held to be without jurisdiction. For the aforesaid conclusion, the impugned order of the Tribunal relied upon the order passed by its coordinate bench in the case of Shri. Samson Perinchery [2017 (1) TMI 1292 - BOMBAY HIGH COURT] holding that the issue stands concluded in favour of the assessee.
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