ASHOK M. MUSALE,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8, PUNE
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 Assessing Officer's penalty show cause notice failed to specify whether the assessee concealed income or furnished inaccurate particulars. Citing a jurisdictional High Court decision, the Tribunal found this defect fatal to the penalty proceedings.
What were the facts?
The assessee's appeal for AY 2005-06 concerned a penalty levied under Section 271(1)(c) of the Income Tax Act, 1961, related to a deemed dividend addition. The assessee did not appear for the hearing.
What were the issues?
The key issue was the validity of the penalty proceedings due to the vagueness in the Assessing Officer's show cause notice regarding the nature of the alleged concealment or inaccuracy.
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.
- Mr. Mohd. Farhan A. Shaikh v. ACIT672 citing434 ITR 1 · 2021 · HC · Read judgment
- Mak Data Pvt. Ltd. v. CIT443 citing358 ITR 593 · 2013 · SC · Read judgment
Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI S.S. GODARA & DR. DIPAK P. RIPOTE
Assessee by None Revenue by Shri S.P. Walimbe Date of hearing 27-06-2022 Date of pronouncement 30-06-2022 आदेश / ORDER
PER S.S. GODARA, JM :
This assessee‟s appeal for AY 2005-06 arises against the CIT(A)-6, Pune‟s order dated 15-02-2018 passed in case No. PN/CIT(A)-V/DCIT, Cir.8/192/2015-16 involving proceedings under Section 271(1)(c) of the Income Tax Act, 1961, in short „the Act‟.
Case called twice. None appears at the assessee‟s behest. He is accordingly proceeded ex-parte.
Coming to the assessee‟s sole substantive grievance that both the learned lower authorities have erred in law and on facts in levying impugned section 271(1)(c) penalty amounting to Rs.22,13,376/- pertaining to deemed dividend addition made in quantum proceedings, Mr. Walimbe vehemently 2 Ashok M. Musale supported the same by pleading that this taxpayer had failed to offer any justifiable explanation. He also quoted case law Mak Data Pvt. Ltd. vs. CIT (2013) 358 ITR 593 (SC) that such a penalty is indeed attracted on account of assessee‟s failure in filing a cogent explanation.
We have given our thoughtful consideration to the foregoing arguments and find no merit therein. A perusal of Assessing Officer‟s corresponding penalty show cause notice dated 28.09.2012 suggests that he had nowhere specified as to whether this taxpayer had concealed particulars of his income or furnished inaccurate particulars of such income. That being the case, we quote the hon‟ble jurisdictional high court‟s recent landmark decision in Mohd. Farhan A. Shaikh vs. ACIT (2021) 434 ITR 1 (Bom) (FB) holding that such a failure on Assessing Officer‟s part is indeed fatal to initiation of 271(1)(c) penal provision itself. We accordingly delete the impugned penalty for this precise reason alone.
All other grounds on merits stand rendered academic.
This assessee‟s appeal is allowed in above terms.
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
Recent GST High Court judgments
Search GST case law →- Sushama Mishra vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026
- M/S. Nanda Contruction PVT. LTD., Angul vs. Additional Commissioner, GST And Central Excise Commissionerate, SundergarhOrissa · 28 Oct 2026
- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026