SC: Completed Trial can't be Remanded for Procedural Lapse Unless Prejudice is Proven  ||  SC: Sessions Courts Cannot Bar Statutory Remission and Commutation Through Special Sentences  ||  SC: Article 311 Bar Inapplicable If Removing Officer Equals Appointing Authority in Status  ||  SC: Contractual Bar Prevents Arbitral Tribunal From Awarding Pre-Reference Interest  ||  SC Frames Guidelines to Prevent POCSO Act Misuse by Parents in Custody Disputes  ||  Delhi HC Directs DLSA to Convey Trial Court’s Encouraging Message and Compensation to POCSO Survivor  ||  Delhi HC: Gravity of UAPA Offence Cannot Justify Prolonged PMLA Detention  ||  Delhi HC Affirms Equestrian Federation's Youth Olympics Selection, Calls for Clearer Norms & Timeline  ||  Delhi HC: Ajeet Bharti Used Caste Superiority to Humiliate Chandrashekhar Azad  ||  Supreme Court: Anti-Suit Injunction Cannot Rest on Speculation of Unenforceable Foreign Decree    

Innovators Facade Systems Pvt. Ltd. Vs. ACIT - (Income Tax Appellate Tribunal) (15 Dec 2023)

Defect in notice by not striking off the irrelevant matter vitiates the penalty proceedings

MANU/IU/1102/2023

Direct Taxation

The present appeal has been filed by the assessee challenging the impugned order passed under Section 250 of the Income Tax Act, 1961 (IT Act) by the learned Commissioner of Income Tax (Appeals), which in turn arose from the penalty order passed under Section 271(1)(c) of the IT Act, for the assessment year 2010-11.

In the present case, the AO initiated penalty proceedings under Section 271(1)(c) of the Act and levied a penalty of Rs. 4,48,381. From the perusal of the notice issued under Section 274 read with Section 271(1)(c) of the Act, furnished during the hearing, present Tribunal find that the AO did not strike-off any of the twin charges i.e., concealment of particulars of income or furnishing of inaccurate particulars of income.

The case of the assessee is squarely covered by the decision of the High Court in Mohd. Farhan A. Shaikh v/s CIT, wherein High Court has held that, the defect in notice by not striking off the irrelevant matter would vitiate the penalty proceedings. Accordingly, respectfully following the aforesaid decision of the High Court, the penalty order passed under Section 271(1)(c) of the Act is quashed. In the result, the appeal by the assessee is allowed.

Tags : PENALTY   LEVY   LEGALITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved