Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (1) TMI 1241 - AT - Income TaxPenalty imposed u/s 271(1)(c) - defective notice u/s 274 - Non specification of clear charge - HELD THAT:- Assessing Officer has used a printed proforma for such notice without specifying the specific charge. Out of the above two options, i.e. he should have specifically invited the explanation that he has furnished inaccurate particulars of income. In case, this limb of section 271(1)(c) is not applicable, then he should have confined his show-cause notice to the extent that assessee has concealed particulars of such income. As decided by Calcutta High Court [2022 (10) TMI 987 - CALCUTTA HIGH COURT] if ld. AO has not scored of one of the limb from the show-cause notice for visiting the assessee with penalty, then such notice will be fatal to the proceedings and penalty could not be levied upon the assessee. Decided in favour of assessee.
|