Mr. Mohd. Farhan A. Shaikh v. ACIT

434 ITR 1High Court2021#82 most cited

What is Mr. Mohd. Farhan A. Shaikh v. ACIT authority for?

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify the exact charge by not striking off the irrelevant limb (concealment of income or furnishing inaccurate particulars of income). Such an omnibus or vague notice renders the penalty proceedings bad in law, and any penalty imposed on its basis is liable to be quashed.

672

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2020 to 2026.

Also referred to as

Mr. Mohd. Farhan A. Shaikh v. ACIT · Section 271(1)(c) · Section 274 · defective penalty notice · non-striking off irrelevant limb · non-specification of charge · omnibus notice · vagueness · concealment of income · furnishing inaccurate particulars · penalty quashed

Issues it is cited on

Judgments citing Mr. Mohd. Farhan A. Shaikh v. ACIT

M/S Melting Point, Kolhapur vs. ACIT, Circle-1, Kolhapur

Appeal is allowed on above terms

ITA 2118/PUN/2019[2011-12]Status: DisposedITAT Pune16 Jun 2022AY 2011-12

Bench: Shri S.S.Godara & Dr.Dipak P.Ripoteआयकरअपीलसं. / Ita No.2118/Pun/2019 िनधा"रण वष" / Assessment Year: 2011-12 Melting Point, The Assistant Commissioner Of Gat No.652, A/P Kushire, Vs Income Tax, Taluka Panhala, District: C Kolhapur. .0Ircle-1, Kolhapur. Pan: Aacfm 2391 L Appellant/ Assessee Respondent /Revenue Assessee By None Revenue By Shri S P Walimbe – Dr Date Of Hearing 10/06/2022 Date Of Pronouncement 16/06/2022 आदेश / Order Per S.S.Godara, Jm: This Assessee’S Appeal For A.Y.2011-12 Is Directed Against The Commissioner Of Income Tax(Appeals)-1, Kolhapur’S Order Dated 01.11.2019 In Appeal No.Kop/433/2014-15 In Proceedings U/S.271(1)(C) Of The Income Tax Act, 1961, In Short “The Act”.

Section 271(1)(c)

…or furnished inaccurate particulars of such income. This clinching fact has gone unrebutted from the revenue’s side. 3. Faced with the situation, we quote hon’ble jurisdictional high court’s recent Full Bench decision in Mohd. Farhan A Shaikh vs. ACIT [2021] 434 ITR 1 (Bom) that such a failure in Assessing Officer’s part in not specifying the corresponding limb in the penalty show cause notice itself is very much fatal to the entire process and not sustainable in law. We adopt the very reasoning herein as well to delete the impugned penalty for this precise reason alone. 4. This assessee’s appeal is allowed on…

Shri Pravin Champalal Bokadia, Mumbai vs. ITO WD-19(2) (5), Mumbai

ITA 7/MUM/2022[2011-12]Status: DisposedITAT Mumbai02 Jun 2022AY 2011-12

Bench: Shri Vikas Awasthy & Shri Amarjit Singh आअसं.07/मुं/2022 ("न.व. 2011-12) Shri Pravin Champalal Bokadia, 77, Dr. Mahimtura Marg, 3Rd Kumbharwada, Near Cp Tank, Mumbai -400 004. Pan: Aaqpb-4778-E ...... अपीलाथ" /Appellant बनाम Vs. Ito,Ward 19(2)(5), Room No.210, 2Nd Floor, Matru Mandir, Tardeo Road, Grant Road(W) Mumbai 400 007. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Rajiv Khandelwal ""तवाद" "वारा/Respondent By : Shri R.A.Dhyani सुनवाई क" "त"थ/ Date Of Hearing : 02/06/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 02/06/2022 आदेश/ Order Per Vikas Awasthy, Jm:

For Appellant: Shri Rajiv KhandelwalFor Respondent: Shri R.A.Dhyani
Section 271Section 271(1)(c)Section 274

…from defective notice are not legally sustainable. In support of his contention the ld.Authorized Representative for the assessee placed reliance on the decision of Hon'ble Jurisdictional High Court in the case of Mohammad Farhan A.Shaikh vs. DCIT reported as 434 ITR 1(FB). The second contention of the assessee is that while passing the assessment order, the Assessing Officer has only mentioned that penalty proceedings are being initiated separately. However, nowhere in the assessment order the Assessing Officer has mentioned as to on which limb of section 271(1)(c) of the Act penalty proceedings are being initia…