2021 (7) TMI 381 - AT - Income Tax

Penalty u/s.271(1)(c) - Defective notice u/s 274 - not struck-off the irrelevant portion - HELD THAT - AO had not specified the specific offence committed by the assessee by stating as to whether the assessee has concealed his particulars of income or had furnished inaccurate particulars of income - As relying on MR. MOHD. FARHAN A. SHAIKH case 2021 (3) TMI 608 - BOMBAY HIGH COURT we hold that the penalty levied by the ld. AO for both the assessment years is hereby directed to be deleted. - Decided in favour of assessee.

Summary

Issues:
The judgment involves the imposition of penalty under section 271(1)(c) of the Income Tax Act, 1961 based on the order by the Commissioner of Income Tax (Appeals). The main issue is whether the Commissioner was justified in confirming the penalty.

Analysis:
The only effective issue in the appeal was whether the Commissioner was right in upholding the penalty imposed under section 271(1)(c) of the Income Tax Act. The appellant argued that the show-cause notice issued by the Assessing Officer did not specify the specific offense committed by the assessee regarding concealing income or furnishing inaccurate particulars. The Full Bench decision of the High Court clarified that a penalty proceeding must stand on its own and the assessee should be informed of the grounds of the penalty proceedings through a statutory notice. The Court emphasized that ambiguity in the notice must be resolved in favor of the assessee. The judgment highlighted that the assessing officer's failure to strike off irrelevant portions in the notice can be fatal, and the notice must be precise to avoid ambiguity.

The Tribunal, following the High Court's decision, held that the penalty levied by the Assessing Officer for both assessment years should be deleted. As the relief was granted on this aspect, the Tribunal did not adjudicate on the other grounds raised by the assessee regarding the legality of the penalty levy and the merits of the case. Consequently, both appeals of the assessee were allowed, and the penalty was directed to be deleted for both assessment years.

In conclusion, the Tribunal's decision was based on the principles of natural justice and strict interpretation of penalty provisions under section 271(1)(c) of the Income Tax Act. The judgment emphasized the importance of a precise and unambiguous notice in penalty proceedings and ruled in favor of the assessee by deleting the penalty imposed by the Assessing Officer.