RATANLA C. BAFNA,,JALGAON vs. JOINT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of assessee is allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

natural justice demand that the assessee should know the ground which he has to meet specifically in penalty proceedings. In case of ambiguity, penalty proceedings are legally unsustainable. In the present case as mentioned earlier the Assessing Officer has not mentioned the charge for levy of penalty at the time of recording satisfaction hence, penalty proceedings suffer from vagueness

RATANLA C. BAFNA,,JALGAON vs. JOINT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of assessee is allowed