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2021 (11) TMI 747 - AT - Income TaxPenalty u/s. 271(1)(c) - defective notice u/s 274 - whether AO failed to specify the charge and record requisite satisfaction with regard to concealment of income or furnishing of inaccurate particulars of income - HELD THAT:- As in the notice issued u/s. 274 r.w.s. 271(1)(c) of the Income Tax Act, 1961, there was no specific charges as relates to concealment of income or furnishing of inaccurate particulars of income. From the notice dated 30/03/2013 produced by the Ld. AR during the hearing, it can be seen that the AO was not sure under which limb of provisions of Section 271 assessee is liable for penalty. Besides that the Assessment Order also did not specify the charge as to whether there is concealment of income or furnishing of inaccurate particulars of income in assessee's case. Thus, there is no particular limb mentioned in the notice issued under Section 271(1)(c) r.w.s. 274 - See M/S SSA'S EMERALD MEADOWS [2016 (8) TMI 1145 - SC ORDER] Inappropriate words in the penalty notice has not been struck off and the notice does not specify as to under which limb of the provisions, the penalty u/s. 271(1)(c) has been initiated, therefore, we are of the considered opinion that the penalty levied u/s. 271(1)(c) is not sustainable and has to be deleted. Notice under Section 271(1)(c) r.w.s. 274 of the Act itself is bad in law. - Decided in favour of assessee.
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