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2021 (10) TMI 228 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice u/s 274 - non specification of charge - addition by invoking the provision u/s 43CA - Assessee argued as absence of any specific mention in the show-cause notice issued under section 274 of the Act for the year under consideration by the authorities below as to whether the assessee is guilty of having “furnished inaccurate particulars of income” or of having “concealed particulars of such income” - HELD THAT:- Notice issued under section 271(1)(c) without specifying which of the two contraventions, the assessee is guilty of was defective and the penalty imposed in pursuance of such defective notice was not sustainable - See BIJOY KUMAR AGARWAL [2019 (6) TMI 721 - CALCUTTA HIGH COURT] and AMRIT FOODS VERSUS COMMISSIONER OF CENTRAL EXCISE, UP. [2005 (10) TMI 96 - SUPREME COURT] - Decided in favour of assessee.
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