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2020 (3) TMI 864 - AT - Income TaxLevy of penalty u/s 271(1)(c) - defective notice - HELD THAT:- Assessee placed on record copy of the notice issued before levy of the penalty dated 09.12.201, 31.05.2012 and 07.02.2014 in which the A.O. has similarly mentioned “have concealed the particulars of your income or furnished inaccurate particulars of such income.” Thus, the Department has been regularly issuing such notice to the assessee without specifying as to whether assessee has furnished inaccurate particulars of income or concealed the particulars of income - see M/S. SAHARA INDIA LIFE INSURANCE COMPANY, LTD. [2019 (8) TMI 409 - DELHI HIGH COURT]. We are of the view that the penalty is not leviable in the matter. In this case, the A.O. issued show cause notices for levy of penalty under section 271(1)(c) of the Act which is bad in law as it did not specify in which limb of Section 271(1)(c) of the Act, the penalty proceedings had been initiated i.e., whether for concealment of particulars of income or furnishing inaccurate particulars of income. The entire penalty proceedings are, therefore, vitiated and no penalty is leviable. See M/S SSA'S EMERALD MEADOWS [2016 (8) TMI 1145 - SC ORDER] - Decided in favour of assessee.
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