SHRI BHANWARLAL M. HARSH,THANE vs. DY CIT CC-3(3), MUMBAI

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ITA 538/MUM/2021Status: DisposedITAT Mumbai14 December 2022AY 2011-1210 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the notice issued under Section 274 read with Section 271(1)(c) was bad in law as it did not specify whether the penalty was for concealment of income or furnishing inaccurate particulars. Following the jurisdictional High Court's decision, the penalty was directed to be deleted.

What were the facts?

The Assessing Officer (AO) levied a penalty under Section 271(1)(c) of the Income Tax Act, 1961, for concealment of income or furnishing inaccurate particulars. The assessee appealed this penalty to the CIT(A), who confirmed it. The assessee then appealed to the ITAT.

What were the issues?

Whether a penalty under Section 271(1)(c) can be levied when the notice under Section 274 is vague and does not specify the exact charge. The validity of penalty proceedings initiated with a non-specific notice.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 274

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(3)Show list

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Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

Before: SHRI VIKAS AWASTHY & SHRI AMARJIT SINGHShri Bhanwarlal M Shah

Hearing: 02.11.2022Pronounced: 14.12.2022

आदेश की प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपीलाथी / The Appellant 2. प्रत्यथी / The Respondent. 3. आयकर आयुक्त(अपील) / The CIT(A)- आयकर आयुक्त / CIT 4. विभागीय प्रविवनवध, आयकर अपीलीय अवधकरण DR, ITAT, 5. Mumbai 6. गार्ड फाईल / Guard file.

10 Shri Bhanwarlal M. Shah Vs. DCIT, CC-3(3)

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