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2022 (6) TMI 883 - AT - Income TaxPenalty u/s 271(1)(c) - Defective notice u/s 274 - assessee argued for non specification of charge - HELD THAT:- Full Bench of Hon’ble Bombay High Court in the case of Mr. Mohd. Farhan A. Shaikh [2021 (3) TMI 608 - BOMBAY HIGH COURT] has adjudicated the issue and has come to the conclusion that non-ticking of the limb of notice specifying charge under notice 271(1)(c) as to whether it is for concealment of income or for furnishing of inaccurate particulars of income, is fatal. In this case, we note that ld. CIT (A) has brushed aside this issue. Ld. DR for the Revenue has submitted that this aspect needs to be verified at the level of ld. CIT (A) by referring to the assessment record, as to the compliance of requirements of law in this regard. We are of the considered opinion that the matter should be remitted to the file of ld. CIT (A) who will consider this issue in detail after considering the decision of Hon’ble Bombay High Court referred above. We are not commenting on other aspects of merit in this case since we are remitting the grounds on the issue of jurisdiction, as otherwise it will lead to multiplication of proceedings - Appeal of assessee allowed for statistical purposes.
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