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2023 (10) TMI 776 - ITAT DELHIPenalty u/s 271(1)(c) - Defective notice - non specification of clear charge - non-strike off of the irrelevant part in the notice issued - HELD THAT:- As decided in Sahara India Life Insurance Co. Ltd. [2019 (8) TMI 409 - DELHI HIGH COURT] the notice issued by the AO was bad in law if it did not specify under which limb of section 271(1)(c) the penalty proceedings had been initiated i.e. whether for concealment of particulars of income or for furnishing of inaccurate particulars of income. Ratio of the full bench decision of MR. MOHD. FARHAN A. SHAIKH [2021 (3) TMI 608 - BOMBAY HIGH COURT] squarely applies to the facts of the assessee's case as the notice u/s. 274 r.w.s. 271(1)(c) dated 26.12.2016 was issued without striking off the irrelevant portion of the limb and failed to intimate the assessee the relevant limb and charge for which the notices were issued. Decided in favour of assessee.
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