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2014 (6) TMI 976 - AT - Income TaxPenalty u/s. 271(1)(c) - additions made in the proceedings u/s. 153A - defective notice - Held that:- The show cause notice u/s. 274 of the Act is defective as it does not spell out the grounds on which the penalty is sought to be imposed. The show cause notice is also bad for the reason that in the A.Ys. 2008-09 and 2009-10 the show cause notice refers to imposition of penalty u/s. 271AAA, whereas the order imposing penalty has been passed u/s. 271(1)(c) of the Act. In our view, the aforesaid defect cannot be said to be curable u/.s 292BB of the Act, as the defect cannot be said to be a notice which is in substance and effect in conformity with or according to the intent and purpose of the Act. See THE COMMISSIONER OF INCOME TAX & OTHS. Versus M/s MANJUNATHA COTTON AND GINNING FACTORY & OTHS. [2013 (7) TMI 620 - KARNATAKA HIGH COURT ] - Decided in favour of assessee
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