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2022 (5) TMI 1003 - AT - Income TaxPenalty u/s.271(1)(c) - defective notice u/s 274 - non specification of clear charge -failure to frame specific charge against the assessee during penalty proceedings - As argued appellant has neither furnished inaccurate particulars of income nor has concealed the particulars of income warranting levy of penalty - addition u/s 68 - HELD THAT:- As relying on 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], M/S SSA'S EMERALD MEADOWS [2016 (8) TMI 1145 - SC ORDER] and MR. MOHD. FARHAN A. SHAIKH [2021 (3) TMI 608 - BOMBAY HIGH COURT] since no specific charge was framed either in the show-cause notice or in the body of penalty order and there was failure on the part of Ld. AO to frame specific charge against the assessee, the penalty would not be sustainable in the eyes of law. By deleting the impugned penalty, we allow the appeal.
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