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2021 (12) TMI 404 - AT - Income TaxPenalty levied u/s. 271(1)(c) - validity of notice issued u/s 274 - mere failure to tick mark the applicable grounds - non-strike off of the irrelevant part in the notice issued u/s.271(1)(c) - Whether notice was issued stating that assessee has concealed particulars of income or furnished inaccurate particulars of such income? - HELD THAT:- As in the case of Mr. Mohd. Farhan A. Shaikh [2021 (3) TMI 608 - BOMBAY HIGH COURT] while dealing with the issue of non-strike off of the irrelevant part in the notice issued u/s.271(1)(c) of the Act, held that assessee must be informed of the grounds of the penalty proceedings only through statutory notice and an omnibus notice suffers from the vice of vagueness. Ratio of this full bench decision of the Hon'ble Bombay High Court (Goa) squarely applies to the facts of the assessee’s case as the notices u/s. 274 r.w.s. 271(1)(c) of the Act were issued without striking off the irrelevant portion of the limb and failed to intimate the assessee the relevant limb and charge for which the notices were issued On a perusal of the notices issued u/s. 274 r.w.s. 271(1)(c) of the Act, we observe that the Assessing Officer has not specified any limb for which the notices were issued i.e., either for concealment of particulars of income or for furnishing inaccurate particulars of such income. Assessing Officer did not strike off irrelevant limb in the notices specifying the charge for which notices were issued. It can be seen from the notices issued u/s. 271(1)(c) of the Act it appears that the charge was for both the limbs. - Decided in favour of assessee.
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