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2019 (5) TMI 1123 - AT - Income TaxPenalty u/s 271(1)(c) - non specify the nature of default i.e. whether the penalty is levied for concealment of income or for furnishing of inaccurate particulars of income - defective notice - agreed additions by the assessee regarding the shortage diesel claimed by the assessee - HELD THAT:- As relying on MANOJ KUMAR AGRAWAL VERSUS DCIT- 1 (1) , RAIPUR. [2018 (8) TMI 1804 - ITAT RAIPUR] Such penalty is unsustainable in law legally. It is a settled legal proposition that the Assessing Officer is under obligation to specify the appropriate limb of clause (c) of section 271(1) of the Act at the time of initiation as well as at the time of levy of penalty. In view of the above deliberation on this issue, without going into the merits of the case, we set-aside the order of the CIT(A) and direct the Assessing Officer to delete the entire penalty imposed by him. - Decided in favour of assessee
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