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2019 (5) TMI 690 - AT - Income TaxPenalty levied u/s. 271(1)(c) - non defective notice - non specification of charge - 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. The plea the assessee which is based on the decisions referred to in the earlier part of this order has to be accepted. We therefore hold that imposition of penalty in the present case cannot be sustained and the same is directed to be cancelled. See JEETMAL CHORARIA VERSUS A.C.I.T., CIRCLE-43, 2017 (12) TMI 883 - ITAT, KOLKATA - Decided in favour of assessee.
Issues Involved:
1. Validity of the penalty imposed under Section 271(1)(c) of the Income-tax Act, 1961. 2. Specificity of the charge in the show cause notice issued under Section 274 read with Section 271A of the Act. 3. Applicability of judicial precedents on the specificity of charges in penalty notices. Detailed Analysis: 1. Validity of the Penalty Imposed under Section 271(1)(c) of the Income-tax Act, 1961: The core issue in this appeal is the validity of the penalty imposed under Section 271(1)(c) of the Income-tax Act, 1961. The penalty was originally levied by the Assessing Officer (AO) for the Assessment Year (AY) 2010-11, based on an addition of ?28,19,600/- to the assessee's income on account of undisclosed cash deposits and interest income. The AO considered this as suppressed and undisclosed income and initiated penalty proceedings. The penalty of ?1,06,077/- was imposed, which was confirmed by the Commissioner of Income Tax (Appeals) [CIT(A)]. The assessee challenged this imposition of penalty before the Tribunal. 2. Specificity of the Charge in the Show Cause Notice Issued under Section 274 Read with Section 271A of the Act: A significant contention raised by the assessee was the lack of specificity in the show cause notice issued under Section 274 read with Section 271A of the Act. The notice did not clearly specify whether the penalty proceedings were initiated for "concealment of particulars of income" or for "furnishing inaccurate particulars of income." The Tribunal noted that the AO had used a standard proforma for the notice and had not struck out the irrelevant portions, thus failing to specify the exact charge against the assessee. This lack of specificity was a critical factor in the Tribunal's decision. 3. Applicability of Judicial Precedents on the Specificity of Charges in Penalty Notices: The Tribunal considered various judicial precedents regarding the necessity for specificity in penalty notices. The assessee's counsel cited several cases, including the decision of the Hon'ble Karnataka High Court in CIT vs. SSA’s Emerald Meadows and CIT vs. Manjunatha Cotton and Ginning Factory, which held that a penalty notice must clearly specify the charge. The Hon'ble Supreme Court also dismissed the SLP against the Karnataka High Court's decision, reinforcing this view. Additionally, the Tribunal referred to the decision of the Hon'ble Bombay High Court in CIT vs. Shri Samson Perinchery, which upheld the requirement for specific charges in penalty notices. Conversely, the Departmental Representative (DR) cited cases where courts had taken a more lenient view on the specificity of penalty notices, such as the Hon'ble Bombay High Court's decision in CIT vs. Kaushalya and the ITAT Mumbai's decision in Dhanraj Mills Pvt. Ltd. However, the Tribunal distinguished these cases, noting that they did not directly address the issue of specificity in the context of Section 274 notices. The Tribunal emphasized that where two views exist, the one favorable to the assessee should be adopted. Following this principle, the Tribunal preferred the view of the Hon'ble Karnataka High Court, which mandates specificity in penalty notices. Conclusion: The Tribunal concluded that the penalty imposed under Section 271(1)(c) could not be sustained due to the defective show cause notice, which failed to specify the charge against the assessee. The penalty was thus directed to be canceled, and the appeal of the assessee was allowed. The order was pronounced in the open court on 7th May 2019.
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