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2017 (6) TMI 298 - ITAT MUMBAIPenalty u/s.271(1)(c) - denial of natural justice - Held that:- Assessing Officer himself was not sure as to whether he had proceeded on the basis that the assessee had concealed his income or had furnished inaccurate particulars of income. This, deprives the assessee of a fair opportunity to explain its stand, thereby, violates the principles of natural justice. Notice issued under section 274 must reveal application of mind by the Assessing Officer and the assessee must be made aware of the exact charge on which he had to file his explanation. The Court observed, vagueness and ambiguity in the notice deprives the assessee of reasonable opportunity as he is unaware of the exact charge he has to face. - Decided in favour of assessee.
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