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2019 (8) TMI 296 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice - Show cause notice has not struck off the irrelevant portion as to whether the charge against the assessee is “concealing particulars of income” or “furnishing of inaccurate particulars of income” - HELD THAT:- As observed that the show cause notices issued in the case on hand issued under section 274 r.w.s. 271(1)(c) of the Act dated 26.11.2010 does not specify the charge against the assessee as to whether it is for “concealing particulars of income” or “furnishing inaccurate particulars of income”. The impugned show cause notice under section 274 r.w.s. 271(1)(c) of the Act shows the AO has not struck out the inappropriate words. In these circumstances, we are of the view that imposition of penalty cannot be sustained. The plea of the ld. Counsel for the assessee which is based on the decisions referred to in the earlier part of this order has to be accepted. We therefore hold that imposition of penalty in the case on hand cannot be sustained and the same is directed to be cancelled. See M/S SSA’S EMERALD MEADOWS [2015 (11) TMI 1620 - KARNATAKA HIGH COURT] - Decided in favour of assessee.
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