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2019 (3) TMI 640 - ITAT LUCKNOWPenalty u/s 271(l)(c) - non specification of charge - whether it is for concealment of income or for furnishing of inaccurate particulars of income? - HELD THAT:- From a perusal of show cause notice, it is crystal clear that the charge for which penalty is proposed to be levied under section 271(1)(c) of the Act, whether for concealment of income, or for furnishing of inaccurate particulars of income, is not specific. The law mandates that the authority who is proposing to impose penalty shall be certain as to the basis on which the penalty is being levied and the notice must reflect that specific reason, so that the assessee, to whom such notice is given, can prepare himself regarding the defence which he would like to take to support his case. This is even enshrined in the principles of natural justice and as has been upheld by Hon'ble Apex Court and other High Courts. - Penalty deleted - decided in favour of assessee.
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