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2021 (12) TMI 761 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice - non striking of irrelevant portion of notice - as argued penalty u/s 274 as defective and does not spell out the grounds on which the penalty was sought to be imposed - HELD THAT:- On perusal of the show cause notice issued u/s 274 of the Act it is clear that the same is defective as it does not spell out the ground on which the penalty is sought to be imposed, whether it is for concealment of particulars of income or furnishing of inaccurate particulars of income. It can be seen from the copy of the notice proposing penalty u/s 271(1)(c) of the Act, the irrelevant portion has not been strike off. See MANJUNATHA COTTON AND GINNING FACTORY, MANJUNATH GINNING AND PRESSING, VEERABHADRAPPA SANGAPPA AND CO., V.S. LAD AND SONS, G.M. EXPORT [2013 (7) TMI 620 - KARNATAKA HIGH COURT] Thus show cause notice u/s. 274 of the Act is defective as it does not spell out the grounds on which the penalty is sought to be imposed. -Decided in favour of assessee.
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