Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2023 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (7) TMI 1313 - HC - Income TaxPenalty u/s 271(1)(c) - defective notice u/s 274 - non specification of clear/specific charge - HELD THAT:- The notice issued to the assessee with regard to imposition of penalty did not specify the appropriate limb under which the penalty is sought to be imposed as to whether the penalty was being imposed for concealment of income or for furnishing inaccurate particulars. As relying on MS. MINU BAKSHI [2022 (7) TMI 1307 - DELHI HIGH COURT] notice for imposition of penalty u/s 271(1) (c) of the Act, did not specify which limb of the said provision the penalty was sought to be levied, is covered in case M/S SSA'S EMERALD MEADOWS [2016 (8) TMI 1145 - SC ORDER], MANJUNATHA COTTON AND GINNING FACTORY [2013 (7) TMI 620 - KARNATAKA HIGH and M/S SSA’S EMERALD MEADOWS [2015 (11) TMI 1620 - KARNATAKA HIGH COURT] COURT] stating that clear specification of charge is mandatory before issuing penalty notice - Decided in favour of assessee.
|