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2023 (7) TMI 173 - ITAT INDOREPenalty proceeding u/s 271(1)(c) - mandation to mention charge of concealment of particulars or furnishing of inaccurate particulars - HELD THAT:- While passing assessment-order the AO has simply mentioned that penalty proceeding u/s 271(1)(c) is being initiated separately but nowhere mentioned any charge of concealment of particulars or furnishing of inaccurate particulars. Then came the next stage of issuing show-cause notice in terms of section 274. On perusal of the show-cause notice, we nowhere find that the AO has specified the kind of default committed by assessee, whether it is concealment of income or furnishing of inaccurate particulars. Therefore, in absence of any charge against assessee, the decision in Kulwant Singh Bhatia [2017 (8) TMI 1375 - ITAT INDORE] holds good. We are of the considered view that the penalty proceeding conducted in present case are not sustainable. Decided in favour of assessee.
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