Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (4) TMI 689 - AT - Income TaxPenalty u/s 271(1)(c) - Defective notice u/s 274 - additions for unexplained cash credit and commission @ 5% - HELD THAT:- As we note that the notice is an omnibus notice without specifying the specific charge upon the assessee and in such circumstances, Higher Courts have held that penalty levied is not sustainable. As decided in the case of Mr. Mohd. Farhan A. Shaikh [2021 (3) TMI 608 - BOMBAY HIGH COURT] wherein it has been held that no specification of charge in the penalty notice leads to same becoming void and penalty on that count is to be deleted. Thus due to defect in the penalty notice, penalty is not sustainable, hence the same is quashed. Decided in favour of assessee.
|