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2019 (7) TMI 172 - AT - Income TaxPenalty order u/s 271(1)(c) - non striking off either of two charges i.e concealment of particulars of income or furnishing of inaccurate particulars of income and thereby rendering the penalty proceeding bad in law - HELD THAT:- The penalty is not liable to be sustainable on account of defective notice. Since, the assessee has succeeded on the basis of legal issue, therefore, we are not inclined to decide the matter of controversy on merits being academic in nature. In view of the said circumstances, we are of the view that the finding of the CIT(A) is wrong against law and facts and is not liable to be sustainable in the eyes of law, therefore, we set aside the finding of the CIT(A) on this issue and delete the penalty. - Decided in favour of assessee.
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