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2020 (4) TMI 322 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice - non specification of charge - Legality of notice issued u/s 274 r.w.s 271(1)(c) - HELD THAT:- From perusal of the above notice, we find that both the charges i.e. concealing particulars of income and furnishing inaccurate particulars of income are mentioned. None of them is striked down which shows that assessing officer has not satisfied himself about the charge to be leveled against the assessee. in the similar set of facts and the legal issue raised before us, we find that Hon'ble jurisdictional High Court in the case of Pr. CIT vs. Kulwant Sing Bhatia [2018 (5) TMI 960 - MADHYA PRADESH HIGH COURT] allowed the assessee’s appeal and deleted penalty levied u/s 271(1)(c) of the Act, since the show cause notice did not satisfied the requirement of law as it was not specific. Assessing officer failed the level specific charge against the assessee by issuing defective notice and this being a fatal error renders the notice liable to be quashed. - Decided in favour of assessee.
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