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2018 (10) TMI 803 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice - non specification of charge - Held that:- From the perusal of the notice u/s 274 r.w.s. 271(1)(c ) of the Act dated 5.3.2014 we observe that both the charges have been mentioned in the notice i.e. “the assessee have concealed the particulars of income or furnished inaccurate particulars of such income”. View taken by the coordinate bench in the case of Keti Sangam Infrastructure (I) Ltd and others V/s DCIT [2018 (6) TMI 1525 - ITAT INDORE] holding that where the specific charge has not been mentioned in the notice u/s 274 r.w.s. 271(1)(c) of the Act i.e. when one of the charge is not striked off then such notice did not satisfy the requirement of law, therefore the penalty proceedings becomes void ab initio. - Decided in favour of assessee.
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