MALLA APPALARAJU,VISAKHAPATNAM vs. INCOME TAX OFFICER, WARD-5(1), VISAKHAPATNAM

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ITA 253/VIZ/2023Status: DisposedITAT Visakhapatnam28 May 2024AY 2011-12Bench: SHRI DUVVURU RL REDDY, HON’BLE (Judicial Member), SHRI S BALAKRISHNAN, HON’BLE (Accountant Member)7 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the penalty notice issued under Section 271(1)(c) was invalid because it failed to specify whether the penalty was for concealment of income or furnishing inaccurate particulars. Therefore, the penalty order based on this invalid notice was void ab initio.

What were the facts?

The assessee's income was assessed at a higher amount than originally declared, including an addition for unexplained investment. A penalty was levied under Section 271(1)(c) for concealment of income. The assessee appealed against the penalty.

What were the issues?

Whether a penalty under Section 271(1)(c) is valid if the notice does not specify the exact charge (concealment or inaccurate particulars). The validity of penalty proceedings when the initial notice is defective.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 69,Section 274

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI DUVVURU RL REDDY, HON’BLE & SHRI S BALAKRISHNAN, HON’BLE

Hearing: 01/05/2024

आदेशकीप्रतिलिपिअग्रेपिि/Copy of the order forwarded to:- निर्धाररती/ 1. The Assessee–Malla Appalaraju, D.No. 8-171/1, Pedamadaka, Aganampudi, Visakhapatnam, Andhra Pradesh – 530046.

7 रधजस्व/The Revenue –The Income Tax Officer, Ward-5(1) O/o. ITO, 2. Pratyakshakar Bhavan, MVP Double Road, Visakhapatnam, Andhra Pradesh – 530017. 3. The Principal Commissioner of Income Tax, आयकरआयुक्त (अपील)/ The Commissioner of Income Tax 4. ववभधगीयप्रनतनिधर्, आयकरअपीलीयअधर्करण, ववशधखधपटणम/ DR,ITAT, 5. Visakhapatnam गधर्ाफ़धईल / Guard file 6. आदेशधिुसधर / BY ORDER

Sr. Private Secretary ITAT, Visakhapatnam

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