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2021 (10) TMI 824 - ITAT MUMBAIPenalty u/s 271(1)(c) - defective notice u/s 274 - allegation of non specification of charge or non striking off irrelevant portion - HELD THAT:- DR fairly accepted the Jurisdictional High Court decision in Mr. Mohd. Farhan A. Shaikh Vs DCIT [2021 (3) TMI 608 - BOMBAY HIGH COURT] and the fact that Assessing Officer has not applied his mind on the issue of penalty notice in non striking of charge, whether the penalty is levied for furnishing in accurate particulars of income or concealment of income which is clearly evident on record. Accordingly, we quash the penalty notice and allow the ground of cross objections in favour of the assessee.
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