VIJAY KUMAR GUPTA,DELHI vs. ITO,WARD 61(4), DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the failure of the Assessing Officer to specify the exact limb (concealment of income or furnishing inaccurate particulars) in the penalty show-cause notices vitiates the penalty proceedings. Reliance was placed on judicial precedents for this decision.
What were the facts?
Four appeals were filed by two assessees, Sh. Vijay Kumar Gupta and Sh. Anish Kumar Gupta, concerning penalty proceedings under Section 271(1)(c) and 271C of the Income-tax Act for assessment years 2007-08 and 2008-09. The assessees challenged the penalty orders due to the show-cause notices not specifying the limb under which the penalty was being levied.
What were the issues?
Whether penalty proceedings are vitiated if the show-cause notice under Section 271(1)(c) does not specify the specific limb (concealment or inaccurate particulars) under which the penalty is to be levied.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- PCIT v. Sahara India Life Insurance Co. Ltd.185 citing432 ITR 84 · 2021 · HC · Read judgment
- PCIT Vs. Sahara India Life Insurance Co. Ltd. (2021) 432 ITR 84 (Del.) and PCIT v. Gopal Kumar Goyal38 citing153 Taxmann.com 534 · 2023 · HC
Income Tax Appellate Tribunal, DELHI BENCH: ‘B’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA & SHRI MANISH AGARWAL
ORDER
PER SATBEER SINGH GODARA, JM
The instant batch of four appeals involves twin assessees, namely, Sh. Vijay Kumar Gupta and Sh. Anish Kumar Gupta. The first assessee, Sh. Vijay Kumar Gupta has filed & 567/Del/2025 pertaining to assessment years 2007-08 and 2008- 09 against Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s orders dated 20.11.2024 and 11.06.2024 having DIN and Order Nos. ITBA/NFAC/S/250/2024-25/1070481230(1) and ITBA/ NFAC/S/250/2024-25/1065531885(1) & the second assessee Sh. Anish Kumar Gupta has preferred & 569/Del/2025 against the CIT(A)/NFAC, Delhi’s orders, both dated 15.01.2025 having DIN and order no. ITBA/NFAC/S/250/2024- 25/1072174011(1) and ITBA/NFAC/S/250/2024- 25/1072174294(1) involving proceedings under section 271(1)(c) and 271C of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’), respectively.
Heard both the parties. Case files perused.
It emerges at the outset during the course of hearing that both the learned lower authorities have held the assessees to have levied section 271(1)(c) penalty(ies) in question amounting to Rs.87,45,884/- each for both the assessment years 2007-08 and 2008-09 in case of first
2 | P a g e assessee; and Rs.44,48,836/- each for both the assessment years 2007-08 and 2008-09 in the case of second assessee vide Assessing Officer’s orders dated 28.03.2023 and 22.05.2023; respectively, which stand upheld in the CIT(A)’s detailed lower appellate discussion.
The assessees have first of all raised their legal pleas that once the learned Assessing Officer had admittedly issued his as many penalties show-cause notice dated 30.12.2017 and 30.03.2015 u/s 271(1)(c) r.w.s. 274 of the Act not specifying any specific limb as to whether they had concealed or furnished inaccurate particulars of taxable income; as the case may be, his failure to this effect vitiates the entire proceedings therefore. Relevant notices dated 30.03.2015 and 30.12.2017 form part of the records before us. This clinching fact has gone unrebutted from the Revenue side.
Faced with this situation, we quote PCIT Vs. Sahara India Life Insurance Co. Ltd. (2021) 432 ITR 84 (Del.) and PCIT Vs. Gopal Kumar Goyal (2023) 153 taxmann.com 534 (Del.) to conclude that once the learned Assessing Officer
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
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