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2024 (2) TMI 1039 - AT - Income TaxPenalty u/s 271(1)(c) - allegation of defective notice u/s 274 - charge has not been specified in the notice - Non-striking off of the irrelevant part - HELD THAT:- The charge has not been specified and it is an omnibus notice. In such circumstances, in the case of Sahara India Life Insurance Co. Ltd [2019 (8) TMI 409 - DELHI HIGH COURT] has held that the penalty order passed is liable to be quashed on account of this defect which is fatal. We further note that in the case of Mr. Mohd. Farhan A. Shaikh[2021 (3) TMI 608 - BOMBAY HIGH COURT] has held that no specification of charge in the penalty notice leads to same becoming void and penalty on that count is to be deleted - Decided in favour of assessee.
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