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2017 (3) TMI 1576 - AT - Income TaxLevying of penalty u/s 271(1)(c) - defective notice - Held that:- In the notice dt.31.12.2009 issued u/s 274 of the Act, AO has not struck off the inapplicable portion i.e., as to whether it was the case of concealment of particulars of income or furnishing of inaccurate particulars of income. We further find that in the penalty order passed u/s 271(1)(c), AO has recorded the satisfaction by stating that assessee has furnished inaccurate particulars of income and that Ld. CIT(A) while confirming the penalty order has concluded that it was a case of concealment as well as furnishing of inaccurate particulars of income. Thus from the perusal of notice issued u/s 274 r.w.s 271(1)(c) it is seen that AO is not clear as to under what charge penalty has to be levied u/s 271(1)(c) of the Act as the notice is vague as it fails to clearly spell out the charge of levy of penalty. - Decided in favour of assessee.
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