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2018 (10) TMI 132 - AT - Income TaxPenalty U/s 271(1)(c) - non specification of charge - defective notice - inappropriate words in the notice issued u/s 274 r.w.s. 271 have not been struck off - Held that:- A perusal of the notice issued u/s 274 r.w.s. 271 dated 31.03.2004 shows that the inappropriate words in the said notice have not been struck off and it is a printed notice. Even the last line of the said notice only speaks of section 271 and does not even mention of section 271(1)(c) of the I.T. Act. We find an identical issue had come up before this Bench of the Tribunal in the case of Sahiwal Investment & Trading co. vs. ITO [2018 (7) TMI 1472 - ITAT DELHI] holding the notice issued by the Assessing Officer under Section 274 read with Section 271(1)(c) to be bad in law as it did not specify which limb of Section 271(1)(c) of the Act, the penalty proceedings had been initiated i.e., whether for concealment of particulars of income or furnishing of inaccurate particulars of income. - Decided in favour of assessee
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