Allahabad High Court : Deceased Farmer’s Odd Jobs Don’t Bar Family from Scheme Benefits  ||  Secured Creditors' Dues Take Priority Over Govt Claims: Allahabad HC on SARFAESI & RDB Acts  ||  Daughter Can’t Claim Mitakshara Father’s Property if He Died Pre-1956 & Son Survives: HC  ||  Gujarat High Court: Sessions Court Can’t Suspend Sentence Just to Allow Revision Filing  ||  Delhi High Court: Non-Combat Security Roles Crucial; Minor Lapse Risks National Safety  ||  Punjab & Haryana HC: Allegation of Harassment Alone Insufficient to Prove Abetment to Suicide  ||  Orissa HC: Directors Liable under S.138 NI Act Despite Company’s Insolvency  ||  Bombay HC: GST Return Details of Company Exempt from Disclosure under RTI Act  ||  Chhattisgarh HC: Timely Appointment of Electronic Evidence Examiners Vital in Cyber Crime Probes  ||  Bombay HC: GST Return Details of Company Exempt from Disclosure under RTI Act    

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 2025 - All Rights Reserved