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2020 (3) TMI 878 - AT - Income TaxPenalty u/s 271(1)(c) - Defective notice - non specification of charge - HELD THAT:- Notice clearly shows that the Assessing Officer did not specify under which limb of the provision he has initiated the proceedings. Moreover, the penal proceedings are separate from assessment proceedings and while initiating penalty proceedings u/s 271(1)(c) of the Act, it is incumbent upon the Assessing Officer to demonstrate under which limb he is proposing levy of penalty If the notice is read with the decision of M/S. SAHARA INDIA LIFE INSURANCE COMPANY, LTD. [2019 (8) TMI 409 - DELHI HIGH COURT] in our considered opinion, the penalty will not survive. As decided in M/S SSA'S EMERALD MEADOWS [2016 (8) TMI 1145 - SC ORDER] issued by the Assessing Officer u/s 274 r.w.s 271(1)(c) of the Act to be bad in law as it did not specify which limb of section 271(1)(c) of the Act the penalty proceedings had been initiated i.e. whether for concealment of particulars of income or furnishing of inaccurate particulars of income. The issue was decided in favour of the assessee.
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