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2021 (10) TMI 421 - HC - Income TaxPenalty u/s 271 - Defective notice u/s 274 - Non specification of charge - notice in printed form - HELD THAT:- As carefully examined the notices issued by the AO (Annexures-D and D1) to initiate proceedings u/s 274 read with 271 of the said Act of 1961. The notice issued in the said printed format, though specifies “delete the inappropriate words and paragraphs,” the tick mark is found with respect to the clause “have concealed the particulars of your income”. The next limb of the said clause remains undeleted as the penalty order deals with only the first limb of concealment of the particulars of income. The validity of the order of penalty must be determined on the basis of the initiation of penalty proceedings. The defects being ex facie apparent in the notices issued, the initiation of proceedings being vitiated, the impugned order of the Tribunal confirming the order of the authorities cannot be sustained and is accordingly set aside. Decided in favour of the Assessee and against the Revenue.
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