DELIP JERATH,RANCHI vs. ITO WD-2(3), RANCHI

ITA 26/RAN/2018Status: DisposedITAT Ranchi11 January 20195 pages
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What did the Tribunal hold?

The tribunal held that the penalty notice issued under Section 274 was defective because it failed to specifically state whether the penalty was for concealment of income or furnishing inaccurate particulars. Relying on the Karnataka High Court decision, the tribunal cancelled the penalties imposed.

What were the facts?

The assessee challenged the penalty imposed under Section 271(1)(c) for assessment years 2010-11 to 2012-13, which was affirmed by the CIT(A). The assessee contended that the penalty notice issued by the Assessing Officer was defective as it did not specify the grounds for penalty.

What were the issues?

Whether a penalty imposed under Section 271(1)(c) is valid if the show cause notice issued under Section 274 does not specifically indicate the ground for penalty (concealment or inaccurate particulars).

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 274

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Cases cited in this judgment(4)Show list

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Income Tax Appellate Tribunal, RANCHI BENCH “SMC” RANCHI

Before: Shri S.S, Godara

These three assessee’s appeals for assessment year(s) 2010-1 to 2012-13 arise against the Commissioner of Income Tax (Appeals)-Ranchi’s separate order(s) all dated 14.12.2017 passed in case Nos.83, 84 & 85/Ran/Oth/16-17 affirming the Assessing Officer’s action imposing penalty involving proceedings u/s 271(1)(c) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case files perused

2.

The assessee’s sole substantive grievance raised in both the appeal(s) challenge correctness of both the lower authorities action imposing the penalty in issue of Rs.2,55,889/, Rs.71,075/- and Rs5,31,141/- u/s 271(1)(c) of t

The order continues below.

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