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2020 (7) TMI 210 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice - non specification of charge - Disallowance u/s 14A read with Rule 8D - HELD THAT:- On perusal of assessment order, it is observed that Ld. AO initiated penalty under section 271(1)(c) of the Act, without specifying, whether there is concealment of income or filing of inaccurate particulars. Penalty was initiated on both limbs. Impugned notice initiating penalty proceedings under section 274 read with 271 is also on both limbs, as there is no strike off of irrelevant limbs. Ld. AO while discussing independent additions in assessment order, did not specify any of the limbs for which penalty is initiated. Order passed by Ld.AO under section 271(1)(c) is for concealment of income by filing inaccurate particulars of income. In assessment order, we note that, Ld.AO did not initiate penalty under any particular limb, vis-a-vis disallowances made. Thus it is clear that assessing officer intended to levy penalty for concealment, which either specified in notice nor in assessment order. Entire penalty proceedings is without application of mind. - Decided in favour of assessee.
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