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2019 (8) TMI 1606 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice - AO did not strike off and specify the charge/limb for which he is proposing to initiate the penalty proceedings - HELD THAT:- We find that Assessing Officer did not strike off and specify the charge/limb for which he is proposing to initiate the penalty proceedings. In the assessment order Assessing Officer stated that proceedings u/s. 271(1)(c) are initiated for furnishing inaccurate particulars and concealment of income. However, in the penalty order passed it is stated that penalty is levied for furnishing inaccurate particulars of income. As relying on MEHERJEE CASSINATH HOLDINGS PRIVATE LIMITED [2017 (5) TMI 904 - ITAT MUMBAI]notice issued by the Assessing Officer U/s. 274 r.w.s 271(1)(c) of the Act is on account of non-application of mind and therefore the penalty proceedings initiated are bad in law. Thus, we direct the Assessing Officer to delete the penalty levied U/s. 271(1)(c) of the Act. - Decided in favour of assessee.
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