2019 (3) TMI 88 - AT - Income Tax

Penalty u/s 271(1)(c) - Defective notice u/ s 274 - non specification of exact charge against the assessee as to whether he concealed the particulars of his income or furnished inaccurate particulars of such income - non strike out the inappropriate words from notice - HELD THAT - Show cause notice issued in the present case u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income. The show cause notice u/s 274 of the Act does not strike out the inappropriate words. In these circumstances, we are of the view that imposition of penalty cannot be sustained. See JEETMAL CHORARIA VERSUS A.C.I.T., CIRCLE-43, 2017 (12) TMI 883 - ITAT, KOLKATA . - Decided in favour of assessee.

Summary

Issues:
- Delay in filing the appeal before the Tribunal.
- Imposition of penalty under section 271(1)(c) of the Income Tax Act, 1961.
- Defective notice of penalty issued by the Assessing Officer.

Delay in filing the appeal before the Tribunal:
The appeal filed by the assessee was directed against the order of Ld. CIT(A) confirming a penalty imposed by the AO under section 271(1)(c) of the Income Tax Act, 1961. The assessee had a delay of 15 days in filing the appeal, for which an application for condonation was submitted. The Tribunal, after considering the reasons provided, found a sufficient cause for the delay and proceeded to dispose of the appeal on merit.

Imposition of penalty under section 271(1)(c) of the Income Tax Act, 1961:
The assessee, an individual, had filed a return of income declaring a total income. During assessment, an addition was made on account of undisclosed interest income, leading to penalty proceedings under section 271(1)(c). The AO imposed a penalty, which was confirmed by the Ld. CIT(A). The issue raised was the validity of the penalty notice, with the assessee arguing that the notice itself was defective. Citing a decision by a Coordinate Bench, the Tribunal held that the imposition of penalty could not be sustained due to the defective notice, and subsequently canceled the penalty.

Defective notice of penalty issued by the Assessing Officer:
The contention regarding the defective penalty notice was based on the notice not specifying the charge against the assessee clearly. The Tribunal referred to the decision of the Coordinate Bench and concluded that the imposition of penalty cannot be sustained when the notice does not clearly indicate whether it is for concealing particulars of income or furnishing inaccurate particulars of income. Following the decision of the Coordinate Bench, the Tribunal canceled the penalty imposed under section 271(1)(c) of the Act.

In conclusion, the Tribunal allowed the appeal of the assessee, canceling the penalty imposed under section 271(1)(c) of the Income Tax Act, 1961, due to the defective notice issued by the Assessing Officer.