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2019 (3) TMI 1587 - ITAT DELHILevy of penalty u/s 271(1)(c) - different limbs of Section 271(1)(c) in initiation and levy of penalty - Assessee submitted that assessing officer in the assessment order has initiated the penalty proceedings for furnishing inaccurate particulars, however, levied the penalty under different limbs of Section 271(1)(c) for concealing particulars of income - HELD THAT:- In the present case, the assessing officer while passing the assessment order initiated the penalty proceedings for furnishing inaccurate particulars of income. However, levied the penalty for concealing the particulars of income. In the show cause notice issued before levy of the penalty, both the limbs of section 271(1)(c) of the Income Tax Act have been mentioned. Therefore, the notice is invalid and bad in Law, which resulted into vitiating the entire penalty proceedings. The satisfaction of the assessing officer is also defective as noted above in the impugned orders. Therefore, no penalty is leviable. See M/S SSA'S EMERALD MEADOWS [2016 (8) TMI 1145 - SC ORDER] - Decided in favour of assessee
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