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2019 (8) TMI 1122 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice - non specification of charge - HELD THAT:- Show cause notice u/s. 271(1)(c) of the Act dated 09.04.2013 for Assessment Year 2009-10 is defective as it does not spell out the grounds on which the penalty is sought to be imposed. The Hon’ble Karnataka High Court in the case of CIT vs. SSA's Emerald Meadows [2016 (8) TMI 1145 - SC ORDER] wherein following its own decision in the case of CIT vs Manjunatha Cotton and Ginning factory [2013 (7) TMI 620 - KARNATAKA HIGH COURT] took a view that imposing of penalty u/s 271(1)(c) of the Act is bad in law and invalid for the reason that the show cause notice u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealment of particulars of income or furnishing of inaccurate particulars of income. Show cause notice issued in the case on hand under section 271(1)(c) of the Act dated 09.04.2013 for Assessment Year 2009-10 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 show cause notice under section 271(1)(c) does not strike out the inappropriate words .Imposition of penalty cannot be sustained. - Decided in favour of assessee.
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