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2019 (9) TMI 373 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice - as alleged show cause notice does not strike out the irrelevant portion viz., “furnished inaccurate particulars of income” or “concealed particulars of such income” - HELD THAT:- Show cause notice u/s. 271(1)(c) dated 31.12.2008 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 [2015 (11) TMI 1620 - KARNATAKA HIGH COURT] wherein the Hon'ble Karnataka High Court 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) 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. - Decided in favour of assessee
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