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2019 (3) TMI 479 - AT - Income TaxPenalty proceedings u/s. 271(1)(c) - defective notice - AO has mentioned both the limbs, viz., concealment of particulars of income and furnishing of inaccurate particulars of income in notice - HELD THAT:- AO has initiated penalty proceedings for furnishing of inaccurate particulars of income. However, while imposing penalty, AO has held that the assessee has concealed particulars of income and also furnished inaccurate particulars of income. Even though the AO has mentioned both the limbs, viz., concealment of particulars of income and furnishing of inaccurate particulars of income, it is not clear as to which one has weighed his mind while imposing penalty. This indicates the non-application of mind on the part of the AO and the same would vitiate penalty proceedings in both the years. Accordingly, we set aside the orders passed by the Ld. CIT(A) in both the years under consideration and quash the penalty orders passed by the AO in both the years. - Decided in favour of assessee.
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