JAMNA DEVI SHARMA,JAIPUR vs. ITO WARD 7(2), JAIPUR

ITA 540/JPR/2023Status: DisposedITAT Jaipur20 August 2024AY 2007-08Bench: SHRI SANDEEP GOSAIN (Judicial Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the penalty notice issued under Section 274 read with Section 271 of the Act was defective as it did not specify whether the penalty was for concealment of income or furnishing inaccurate particulars. Consequently, no penalty could be levied on the basis of such a defective notice.

What were the facts?

The assessee appealed against penalty orders levied under Section 271(1)(c) for assessment years 2007-08 and 2008-09. The penalties were confirmed by the CIT(A) on account of unexplained cash credits and deposits in bank accounts.

What were the issues?

The primary issue was the validity of the penalty notice issued under Section 271(1)(c) when it failed to specify the limb of the section under which the penalty was proposed. The Tribunal also considered the assessee's failure to explain cash credits and deposits.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 274

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Income Tax Appellate Tribunal, JAIPUR BENCHES,”SMC’’ JAIPUR

Before: Hon’ble SHRI SANDEEP GOSAINvk;dj vihy la-@ITA No. 540 & 541/JP/2023

Hearing: 10/07/2024Pronounced: 20/08/2024

PER: SANDEEP GOSAIN, JM Both these appeals have been filed by the assessee against two different of orders of the ld. CIT(A) dated 22-06-2023, National Faceless Appeal Centre, Delhi [ hereinafter referred to as (NFAC) ] for the assessment years 2007-08 and 2008- 09 in the matter of Section 271(1)(c) of the Act raising therein following grounds of appeal.

2 ITA NO. 540/JP/2023 – A.Y. 2007-08 ‘’1. In the facts and circu

The order continues below.

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