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2022 (10) TMI 118 - AT - Income TaxValidity of notice issued u/sec 274 r.w.s 271(1)(c) - whether the penalty is levied for concealment of particulars of income or furnishing inaccurate particulars of income? - HELD THAT:- Notice issued for levying of penalty is invalid and the 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. We find the Jurisdictional Honble High Court of Bombay in Mohd Farhan A Shaikh [2021 (3) TMI 608 - BOMBAY HIGH COURT] has dealt on this disputed issue of not striking off charge in the penalty notice would vitiate the penalty proceedings. Appeal of assessee allowed.
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