2024 (2) TMI 1039

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..... gainst the order of the ld. CIT (Appeals)-30, New Delhi dated 18.01.2023 for the assessment year 2012-13 confirming the penalty under section 271(1)(c) of the Income-tax Act, 1961 (for short 'the Act') amounting to Rs.15,22,861/-. 2. At the outset, it is noted that there is a delay of 114 days in filing the appeal before the ITAT. For the reasonable cause for filing the delayed appeal, ld. Counse .....

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..... aised various grounds, at the outset, ld. Counsel of the assessee contended that the notice issued under section 274 read with section 271(1)(c) of the Act is a defective one. The charge has not been specified in the notice, hence referring to various decisions including that of Hon'ble jurisdictional High Court in the case of PCIT vs. Sahara India Life Insurance Co. Ltd. 432 ITR 84 (Del.), ld. Co .....

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..... s to be deleted. Hon'ble Court held as under :- "Head Note only : S.271(1)(c) : Penalty - Concealment -Non-striking off of the irrelevant part while issuing notice under section 271(1)(c) of the Income-tax Act, - Order is bad in law - Assessee must be informed of the grounds of the penalty proceedings only through statutory notice. An omnibus notice suffers from the vice of vagueness." 7. Res .....

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