AMBER CORPORATION,KALYAN vs. ITO WARD 3(1), KALYAN, KALYAN, THANE

ITA 8373/MUM/2025Status: DisposedITAT Mumbai26 February 2026AY 2010-2011Bench: SHRI NARENDER KUMAR CHOUDHRY (Judicial Member), SHRI JAGADISH (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the penalty notice issued by the Assessing Officer was defective as it used 'OR' between the two limbs of Section 271(1)(c), failing to specify the exact charge. Following jurisdictional High Court judgments, the Tribunal deleted the penalty.

What were the facts?

The Assessing Officer levied a penalty under Section 271(1)(c) of the Income Tax Act, 1961, for furnishing inaccurate particulars of income. The assessee's appeal to the Commissioner (Appeals) was dismissed, affirming the penalty. The assessee then appealed to the ITAT.

What were the issues?

Whether a penalty notice under Section 271(1)(c) is vitiated if it fails to specify the exact limb (concealment or inaccurate particulars) under which proceedings are initiated.

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, MUMBAI BENCH “A”, MUMBAI

Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI JAGADISH

For Appellant: Shri. Hitesh Shah
For Respondent: Shri. Surendra Mohan (SR. DR.)
Hearing: 17.02.2026Pronounced: 26.02.2026

Per :Narender Kumar Choudhry, Judicial Member: This appeal has been preferred by the Assessee against the order dated 14.10.2025 impugned herein, passed by the National Faceless Appeal Centre (NFAC)/Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) u/s 250 of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2010-11. 2. In this case, the Assessing Officer vide Assessment Order dated 13.03.2013 determined the assessed income of the assessee at Rs.72,71,043/- after making two additions detailed below:

2 Amber Corporation

1.

Rs.3,75,000/- on account of disallowance of capital exp

The order continues below.

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