Supreme Court Upholds Acquittal, Holds Investigating Officer Cannot Create Evidence  ||  Supreme Court: NDPS Prosecution Cannot Be Quashed Solely Over Co-Accused’s Disclosure  ||  SC: Tax Classification Depends on Goods' Form at Sale, not their End Use  ||  Delhi High Court: No Material Showing Delhi Police Compromised the 2020 Riots Probe  ||  Madras HC Suggests Mandatory Attachment of Properties Suspected to Be Proceeds of Corruption  ||  P&H High Court: Demolition After Lawyer Flagged Corruption Appears Aimed at Silencing Him  ||  Calcutta High Court: Contempt Proceedings Cannot Be Used to Challenge Orders or Attack Judges  ||  Orissa High Court: Marriage Need Not Be Preserved When the Relationship Has Substantially Eroded  ||  SC: CIRP Can Continue Despite Fraudulent Insolvency Plea That Triggered It  ||  Delhi HC: Senior Citizen May Seek Eviction of Daughter-in-Law for Ill-Treatment    

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