Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (4) TMI 366 - AT - Income TaxPenalty u/s 271(1)(c) - Non specification of charge - defective notice - HELD THAT:- As per notice issued by the AO under section 274 r.w.s. 271 allegation of the AO is vague because the AO is saying that the assessee has concealed the particular of his income or furnished inadequate particulars of such income and this is not clearly alleged as to whether the assessee has concealed the income or furnished inadequate particulars of income. AO has not specifically stated as to whether the assessee is guilty of concealment of income or furnishing of inadequate particulars of income and therefore, this Tribunal order renders no help to the Revenue in the present case because of difference in facts. Hence, we respectfully follow the judgment of Manjunatha Cotton and Ginning Factory [2013 (7) TMI 620 - KARNATAKA HIGH COURT]and hold that the penalty imposed by the AO under section 271 (1) (c) of the IT Act, 1961 is not sustainable and we delete the same. - Decided in favour of assessee.
|