HARVANSH CHAWLA,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 5, NEW DELHI

ITA 9547/DEL/2019Status: DisposedITAT Delhi10 May 2021AY 2008-097 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the penalty notice issued by the AO was defective for not specifying whether the penalty was for concealment of income or furnishing inaccurate particulars. Following the Delhi High Court's judgment in Pr.CIT vs Sahara India Life Insurance Company Ltd., the Tribunal quashed the penalty.

What were the facts?

The Assessing Officer (AO) made additions to the assessee's income and subsequently imposed penalty under Section 271(1)(c) of the Income Tax Act. The assessee appealed against the penalty, arguing that the notice issued by the AO was defective as it did not specify the exact charge for the penalty.

What were the issues?

Whether the penalty under Section 271(1)(c) is valid when the notice issued by the AO does not clearly specify the charge (concealment of income or furnishing inaccurate particulars).

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

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.

Income Tax Appellate Tribunal, DELHI “SMC-1” BENCH: NEW DELHI

Before: SHRI KUL BHARAT

Hearing: 31.03.2021Pronounced: 10.05.2021

PER KUL BHARAT, JM :

These appeals by the assessee for the assessment years 2008-09 &

2009-10 are directed against the order of learned CIT(A)-24, New Delhi

both dated 29.11.2019. 2. Both appeals were taken up together being disposed of by way of a consolidated order. First we take up ITA No.9545/Del/2019

[Assessment Year 2009-10] wherein the assessee has raised following

grounds of appeal:-

1) “On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in confirming the action of AO of levy of penalty u/s 271(1)(C) of the Income Tax Act, 1961 ("the Act") amounting Rs. 12,80,780/- initiated on the basis of the Notice u/s 274 read with section 271(1)(c) of the Act dated 28-12-2011 issue

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Recent GST High Court judgments

Search GST case law →