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2022 (5) TMI 1380 - ITAT MUMBAIPenalty 271(1)(c) - defect in notice u/s 274 - As argued A.O. has not applied his mind and non striking of charge in the penalty notice i.e. whether the charge is for concealment of income or furnishing of in accurate particulars of income - HELD THAT:- We find the Jurisdictional Honble High Court of Bombay in Mohd Farhan A Shaikh [2021 (3) TMI 608 - BOMBAY HIGH COURT] as dealt on this disputed issue of not striking off charge in the penalty notice would vitiate the penalty proceedings. CIT(A) has deleted the penalty as the A.O has not strike off the charge for levy of penalty for concealment of income or for furnishing of inaccurate particulars of income. DR could not controvert the findings of the CIT(A) with any new cogent material evidence or information to take a different view. Accordingly we do not find any infirmity in the order of the CIT(A), who has considered the facts, provisions of law and passed a reasoned and speaking order and uphold the same and dismiss the grounds of appeal of the Revenue.
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