SC: Daughter Doesn't Lose Ties With Natal Family After Marriage, Such Stereotype is Unconstitutional  ||  SC: Limitation For Filing S.34 Appeal Starts From Disposal of S.33 Application, Allowed or Rejected  ||  SC: In Cases of Drug Trade Threats to the Nation, Sovereignty Prevails over Personal Liberty  ||  Delhi HC: Plaintiff Can Obtain a Refund of Court Fees After an IBC Resolution Plan “Settlement”  ||  Ker HC: Default Bail is Available if Final Report is E-Filed After 5 Pm on Last Statutory Day  ||  J&K&L HC: NDPS Act Provisions Extending Investigation Time Apply to Narco-Terror Cases under UAPA  ||  Supreme Court: Courts Have Sometimes Failed Arbitration, With Interference Curing No Disease  ||  Supreme Court: Co-Heir Cannot Sell Other Heirs' Shares as Karta After Intestate Succession  ||  SC: Casual Labourers With Temporary Status are Eligible For Pension Even Without Regularisation  ||  Supreme Court: High Courts Must Record the Nature of Crime and Allegations While Quashing FIRs    

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