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2023 (11) TMI 125 - ITAT PUNEPenalty u/s 271(1)(c) - Defective notice u/s 274 - non specification of clear charge or struck-off the relevant limb - HELD THAT:- AO’s corresponding penalty show cause notice issued to the taxpayer had nowhere specified or struck-off the relevant limb as to whether he had concealed particulars of his income or furnished inaccurate particulars of such an income, as the case may be. Faced with the situation, we quote recent Full Bench landmark decision in Mohd. Farhan A.Shaikh [2021 (3) TMI 608 - BOMBAY HIGH COURT] has settled the law that the above stated failure on the Assessing Officer’s part indeed vitiates the entire penal proceedings itself. We thus delete the impugned penalty for this precise reason alone. Decided in favour of assessee.
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