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2018 (5) TMI 1167 - HC - Income TaxPenalty u/s 271(1)(c) - non specification of charge - defective notice - Held that:- It cannot be disputed and indeed it is not disputed that Annexure-E notice dated 19.12.2011 has been issued by the assessing officer alleging ‘concealment of particulars of income or furnishing inaccurate particulars of income’ as ground for initiating proceedings for which purpose the appellant was called upon to appear and defend the proceedings under Section 271 of the Income Tax Act. In the case of similar facts involved in the case of Commissioner Of Income Tax & another Vs. Manjunatha Cotton & Ginning Factory [2013 (7) TMI 620 - KARNATAKA HIGH COURT] held that notice under Section 274 of the Act should specifically state the grounds mentioned in Section 271(1)(c) i.e., it was for concealment of income or for furnishing of incorrect particulars of income. Thus the Division Bench has laid down that notice of the type which is issued in this case cannot be sustained in law and consequently penalty proceedings would stand vitiated that were based on such notice. - Decided in favour of assessee
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