KIRLOSKAR INDUSTRIES LTD,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14, PUNE

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ITA 266/PUN/2018Status: DisposedITAT Pune27 July 2022AY 2012-133 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 Assessing Officer's show cause notice failed to specify whether the taxpayer concealed income or furnished inaccurate particulars. Following a jurisdictional High Court decision, this procedural defect is fatal to the penalty proceedings.

What were the facts?

The Assessing Officer levied a penalty under Section 271(1)(c) of the Income Tax Act. The assessee challenged the correctness of this penalty before the CIT(A) and subsequently before the ITAT.

What were the issues?

Whether a penalty under Section 271(1)(c) is valid if the show cause notice does not clearly specify the grounds for imposing the penalty (concealment vs. inaccurate particulars).

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI S.S. GODARA & DR. DIPAK P. RIPOTE

For Appellant: Shri C.H. Naniwadekar
For Respondent: Shri Saradar Singh Meena

आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: अपीऱधर्थी / The Appellant; 1. प्रत्यर्थी / The Respondent; 2. 3. The CIT(A)-7, Pune 4. The Pr.CIT-6, Pune 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “B” / DR „B‟, ITAT, Pune गार्ड फाईल / Guard file 6. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune

Date 1. Draft dictated on 12-07-2022 Sr.PS 2. Draft placed before author 20-07-2022 Sr.PS 3. Draft proposed & placed before the JM second member 4. Draft discussed/approved by Second JM Member. 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.

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