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2016 (11) TMI 1030 - AT - Income TaxPenalty u/s. 271(1)(c) - AO failed to cut the irrelevant portion of the printed Show cause notice - assessee contended that, the said notice is not clear whether it was issued for furnishing of inaccurate particulars of income or concealment of particulars of such income - Held that:- In the present case the AO failed to strike out the irrelevant portion in the said show cause notice, respectfully following the order above, we cancel the penalty levied u/s. 271(1)(c) by the Assessing Officer as confirmed by the CIT-(A) for both the assessment years under consideration. Having held that the notice issued by the AO U/Sec 274 r/w Sec 271(1)(c) of the Act during the course of penalty proceedings is not in conformity with the relevant provisions of the Act, we are of the view that Section 292B can not come to the rescue of the Revenue and the reliance of the Ld.DR on the said provision is clearly misplaced. Therefore, preliminary issue as raised by the assessee by way of additional ground for both the assessment years 2006-07 & 2007-08 are allowed, in view of the same the other grounds raised requires no adjudication, therefore, all are dismissed.
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