Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (8) TMI 1061 - AT - Income TaxImposition of penalty under section 271(1)(c) - non valid notice - Held that:- The notice issued by the Assessing Officer under section 274 r.w.s. 271 of the Act dated 30/12/2009 is untenable since it reflects non-application of the mind by the Assessing Officer, having regard to the ratio of the Hon’ble Supreme Court in the case of Dilip N. Shroff (2007 (5) TMI 198 - SUPREME Court) as well as Hon'ble Bombay High Court in the case of Shri Samson Perinchery (2013 (11) TMI 369 - ITAT MUMBAI). Thus, on this preliminary point itself the penalty imposed under section 271(1)(c) of the Act is liable to be deleted. - Decided in favour of assessee.
|