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2024 (6) TMI 1444 - AT - Income TaxPenalty u/s 271(1)(c) - Defective notice - non specification of whether the penalty has been levied for concealment of income or for furnishing inaccurate particulars of income - HELD THAT - Issue is squarely covered by the decision of Mohd. Farhan A. Shaikh 2021 (3) TMI 608 - BOMBAY HIGH COURT (LB) Accordingly the penalty order passed under section 271(1)(c) of the Act for the assessment year 2010-11 is quashed.
ISSUES PRESENTED and CONSIDERED
The core issue presented and considered in this judgment is whether the penalty levied under section 271(1)(c) of the Income Tax Act, 1961, was valid given the alleged defect in the penalty notice issued under section 274 read with section 271(1)(c). Specifically, the issue revolves around whether the failure to specify the charge of either "concealment of income" or "furnishing inaccurate particulars of income" in the penalty notice invalidates the penalty proceedings. ISSUE-WISE DETAILED ANALYSIS Relevant Legal Framework and Precedents The legal framework involves section 271(1)(c) of the Income Tax Act, which deals with the imposition of penalties for concealment of income or furnishing inaccurate particulars of income. The proceedings under section 274 require a clear indication of the charge against the assessee. The precedent set by the Larger Bench of the Hon'ble Jurisdictional High Court in Mohd. Farhan A. Shaikh v/s CIT establishes that a defect in the notice, where the relevant charge is not specified, vitiates the penalty proceedings. Court's Interpretation and Reasoning The Tribunal observed that the penalty notice issued to the assessee did not specify whether the penalty was for concealment of income or for furnishing inaccurate particulars. This lack of specificity was deemed a critical defect. The Tribunal relied on the decision in Mohd. Farhan A. Shaikh, wherein it was held that such a defect renders the penalty proceedings invalid. The Tribunal also considered the decision in Veena Estate (P) Ltd., which was distinguished on factual grounds as it involved a different context where the issue was raised much later in the proceedings. Key Evidence and Findings The Tribunal noted that the penalty notice did not strike off the irrelevant charge, failing to inform the assessee of the specific contravention. The assessee had consistently raised this issue from the first round of appellate proceedings, indicating that the defect was not a new argument introduced at a later stage. The Tribunal found that the learned CIT(A) did not address this issue adequately in the first round of appeals. Application of Law to Facts Applying the legal principles from Mohd. Farhan A. Shaikh, the Tribunal concluded that the penalty orders for the assessment years in question were vitiated due to the defective notice. The Tribunal emphasized that the defect was identified and contested by the assessee from the outset, making the situation distinct from the Veena Estate (P) Ltd. case. Treatment of Competing Arguments The Tribunal considered the arguments from both the assessee and the Revenue. While the Revenue relied on the decision in Veena Estate (P) Ltd., the Tribunal found this case factually distinguishable. The Tribunal gave weight to the consistent challenge by the assessee regarding the notice defect, which was supported by the precedent in Mohd. Farhan A. Shaikh. Conclusions The Tribunal concluded that the penalty orders for the assessment years 2010-11, 2011-12, and 2014-15 should be quashed due to the defective notice, following the legal precedent established by the Larger Bench of the Hon'ble Jurisdictional High Court in Mohd. Farhan A. Shaikh. SIGNIFICANT HOLDINGS The Tribunal held that the defect in the penalty notice, where the relevant charge was not specified, invalidates the penalty proceedings. This holding is consistent with the decision in Mohd. Farhan A. Shaikh, which was applied to quash the penalty orders for the relevant assessment years. Core Principles Established The judgment reinforces the principle that a penalty notice under section 274 read with section 271(1)(c) must clearly specify the charge against the assessee. Failure to do so constitutes a procedural defect that vitiates the penalty proceedings. Final Determinations on Each Issue The Tribunal determined that the penalty orders for the assessment years 2010-11, 2011-12, and 2014-15 were invalid due to the defective penalty notice. Consequently, the appeals by the assessee were allowed, and the penalty orders were quashed.
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