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2017 (12) TMI 1263 - AT - Income TaxPenalty u/s. 271(1)(c) - non specification of charge - defective notice - Held that:- Assessing Officer has not specified the charge on which he has imposed the penalty u/s. 271(1)(c) of the Act. The Assessment Order as well as the penalty order only show that the Income Tax Officer is satisfied that the income of the assessee falls within the purview of section 271(1)(c) of the Act. The Assessing Officer did not even mention that the assessee either concealed his income or furnished inaccurate particulars of such income. The issue of whether the penalty levied u/s. 271(1)(c) of the Act is sustainable in law in the absence of specific charge in the notice issued u/s. 274 r.w.s. 271(1)(c) - Decided in favour of assessee.
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