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2020 (10) TMI 274 - AT - Income TaxLevy of penalty u/s 271(1)(c) - Defective notice - whether for concealment of particulars of income or furnishing inaccurate particulars of income? - HELD THAT:- The language used in the notice therefore clearly show that notice issued by the A.O. for levy of the penalty proceedings under section 271(1)(c) to be bad in Law as it did not specify in which limb of Section 271(1)(c) penalty proceedings have 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. We are fortified in our view by the Judgment in the case of Commissioner of Income Tax vs., SSA’s Emerald Meadows [2015 (11) TMI 1620 - KARNATAKA HIGH COURT] which is confirmed by the Hon’ble Supreme Court [2016 (8) TMI 1145 - SC ORDER]. - Decided in favour of assessee.
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