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2023 (5) TMI 781 - AT - Income TaxPenalty u/s 271(1)(c) - defect in the penalty notice u/s 274 - omnibus notice - as argued charge in the penalty notice is not specified as to whether penalty is levied on account of concealment of particulars of income or for furnishing of inaccurate particulars of income - HELD THAT:- We note that non-specification of charge in penalty notice is fatal. In the present case, it is the claim of assessee that specific limb was not specified. This averment has not been disputed by the Revenue. In such circumstances, when penalty notice is an omnibus notice and the charge is not specified, penalty under section 271(1)(c) of the Act will not survive. See case of Mr. Mohd. Farhan A. Shaikh [2021 (3) TMI 608 - BOMBAY HIGH COURT] and Sahara India Life Insurance Co. Ltd. [2019 (8) TMI 409 - DELHI HIGH COURT] - Thus, since the penalty notice is omnibus and the charge has not been specified, the penalty is not sustainable. Decided against revenue.
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