Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (8) TMI 1435 - AT - Income TaxPenalty u/s 271(1)(c) - Defective notice - HELD THAT:- Carefully gone through the notice issued u/s. 274 r.w.s. 271 narrated in para 4 of this order. As seen from the above notice issued u/s. 274 the AO has not struck out the irrelevant portion of the notice. In other words he has not specified whether he is levying penalty for concealment of particulars of income or furnishing of inaccurate particulars of income. As held by the Karnataka High Court in the case of CIT & Anr. vs. M/s. SSA’s Emerald Meadows [2015 (11) TMI 1620 - KARNATAKA HIGH COURT] that the notice issued by the Assessing Officer u/s. 274 r.w.s 271(1)(c) is to be bad in law as it did not specify which limb of section 271(1)(c) of the Act, the penalty proceedings had been initiated, i.e., whether for concealment of particulars of income or furnishing of inaccurate particulars of income. This view was confirmed by the Supreme Court in the same case, i.e., CIT & Anr. vs. M/s. SSA’s Emerald Meadows [2016 (8) TMI 1145 - SC ORDER] We are inclined to hold that the penalty proceedings initiated by the AO is void ab initio and allow the appeal of the assessee.
|