2018 (5) TMI 1773 - AT - Income Tax

Levy of penalty u/s 271(1)(c) - non specification of charge - defective notice - Held that - Notice issued by the A.O. for levy of penalty under section 271(1)(c) of the Act to be bad in law as it did not specify in which limb of Section 271(1)(c) of the Act the penalty proceedings had been initiated i.e. whether for concealment of particulars of income or furnishing inaccurate particulars of income. The entire penalty proceedings are therefore vitiated and no penalty is leviable. See COMMISSIONER OF INCOME TAX & ANR. VERSUS M/S SSA S EMERALD MEADOWS 2016 (8) TMI 1145 - SUPREME COURT - The orders of the authorities below are set aside and penalty is cancelled. - Decided against revenue

Summary

The ITAT Delhi ruled in favor of the assessee in the case challenging the penalty under section 271(1)(c) of the IT Act for A.Y. 2010-2011. The tribunal found the show cause notice issued by the A.O. before the penalty levy to be bad in law as it did not specify the grounds for penalty initiation. Therefore, the penalty was cancelled, and the appeal of the assessee was allowed.