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2022 (1) TMI 1271 - AT - Income TaxLevy of penalty u/s 271(1)(c) - non specification of charge - non striking off the limb - HELD THAT:- A perusal of the said notice reveals that the same has been issued in an omnibus performa without striking off the limb which is not relevant. In the present case the AO has initiated penalty proceedings for concealment of income. However, in the notice we observe both charges under section 271(1)(c) i.e. concealment of particulars of income or furnishing inaccurate particulars of income are mentioned. As in the case of Mohd.Farhan A. Shaikh [2021 (3) TMI 608 - BOMBAY HIGH COURT] has held that the notice issued without striking off irrelevant clause would make the notice ambiguous and hence, defective. Consequently, the entire penalty proceeds would be vitiated. Thus we hold that the notice issued u/s 274 r.w.s. 271 of the Act is defective, hence, the subsequent penalty proceedings arising therefrom are vitiated. - Decided in favour of assessee.
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