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2019 (5) TMI 1157 - AT - Income TaxLevy of penalty u/s. 271(1)(c) - Defective notice - non specification of charge - assessee has submitted that the notice issued by the Assessing Officer is not clear whether notice issued under section 274 r.w.s. 271(1)(c) is for concealment of income or furnished inaccurate particulars - HELD THAT:- Non-striking of the irrelevant column renders the notice issued u/s 271 as invalid. When the charge is either concealment of particulars of income or furnishing of inaccurate particulars thereof, the revenue must specify as to which one of the two is sought to be pressed into service and cannot be permitted to club both by interjecting an 'or' between the two, as in the present case. This ambiguity in the show-cause notice is further compounded presently by the confused finding of the Assessing Officer that he was satisfied that the assessee was guilty of both. See SSA'S EMERALD MEADOWS [2016 (8) TMI 1145 - SC ORDER] , SMT. BAISETTY REVATHI [2017 (7) TMI 776 - ANDHRA PRADESH HIGH COURT] and KONCHADA SREERAM VERSUS INCOME TAX OFFICER, WARD-1 (1) , VISAKHAPATNAM [2017 (11) TMI 1164 - ITAT VISAKHAPATNAM] - Decided in favour of assessee.
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