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2022 (6) TMI 222 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice u/s 274 - main grievance of the assessee that the notice initiated by the Ld. AO was not determined the allegation of the assessee whether it is concealed income or furnished inaccurate particular of income - HELD THAT:- This particular notice it is a self defective and the Ld. AO did not mention the nature of concealment in the notice issued u/s. 274/271(1)(c). The counsel laid down that in the absence of such specific notice, the notice would be invalid as held in various judicial pronouncements including the decision of Hon'ble Karnataka High Court in CIT V/s. SAS's Emerald Meadows [2015 (11) TMI 1620 - KARNATAKA HIGH COURT] against which Special Leave Petition (SLP) filed by the department stood dismissed by Hon'ble Supreme Court which is reported [2016 (8) TMI 1145 - SC ORDER]. The notice u/s. 274/271(1)(c) of the Act is not carrying the specific limb. Therefore, this is a case where both the parts of the offences i.e., concealment of income as well as furnishing of inaccurate particulars of income were involved. Appeal of assessee allowed.
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