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2022 (9) TMI 356 - AT - Income TaxPenalty u/s 271(1)(c) r.w.s. 274 - allegation of defective notice u/s 274 and non specification of clear charge - whether AO has failed to specify the appropriate limb of charges by striking off the inappropriate limb, either in the assessment order while initiating penalty u/s 271(1)(c)? - HELD THAT:- A perusal of the order of CIT(A) shows that it reproduced / scanned the notice issued by the Ld. AO for the purpose of proceedings u/s 271(1)(c) of the Act and the same shows that it is on a Performa where certain columns have been even left blank. Section 271(1)(c) of the Act talks of penalty proceedings in cases where assessing officer is satisfied that any person has concealed the particulars of his income or furnish inaccurate particulars of such income. The section talks of only two nature of default ; First where assessee has concealed the particulars of his income and second where the assessee has furnished inaccurate particulars of such income. DR trying to defend the act of Ld. AO in carving out the third nature of default being a composite default of nature, concealment of income and for furnishing of inaccurate particulars. If the intention of Ld. AO was of finding the assessee guilty of concealment of income and also for furnishing of inaccurate particulars then that would be a case of proceedings for two different defaults but for which a common charge of the nature framed and conveyed to the assessee by the impugned notice is not sustainable. See M/S. SAHARA INDIA LIFE INSURANCE COMPANY, LTD. [2019 (8) TMI 409 - DELHI HIGH COURT] - Decided in favour of assessee.
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