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2019 (8) TMI 563 - AT - Income TaxLevy of penalty u/s 271(1)(c) - defective notice - HELD THAT:- A.O. in the assessment order has mentioned at the time of initiation of penalty proceedings that penalty proceedings under section 271(1)(c) of the I.T. Act have been initiated for furnishing inaccurate particulars of income. However, on the same day of passing of the assessment order on 23.03.2001, the A.O. issued show cause notice before levy of the penalty in which A.O. has mentioned that assessee has concealed the particulars of income or furnished inaccurate particulars of such income, as per the notice reproduced above. After passing of the Judgment by the Hon’ble jurisdictional High Court restoring the addition, A.O. further issued notice Dated 02.05.2011 in which A.O. did not mention any such fact in the notice which is reproduced above. Thus, A.O. has not clarified in the notice as to for which limb of Section 271(1)(c) of the I.T. Act, penalty proceedings have been initiated against the assessee, whether for concealment of the particulars of income or furnishing inaccurate particulars of such income. See Jagdamba Prasad Gupta, Delhi vs. ACIT, Circle 35(1), New Delhi [ 2019 (1) TMI 1200 - ITAT DELHI ] and M/S SSA'S EMERALD MEADOWS [2016 (8) TMI 1145 - SC ORDER] - Decided in favour of assessee.
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