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TMI Blog2023 (6) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... oceedings there is no scope of vagueness. The assessee against whom penalty proceedings are initiated has to be made aware in absolute terms the charges for which the penalty proceedings are initiated. The notice vide which charges for levy of penalty are communicated to the assessee should be unambiguous. As decided in the case of Mohd. Farhan A. Shaikh [ 2021 (3) TMI 608 - BOMBAY HIGH COURT ] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeals)-47, Mumbai [in short the CIT(A) ] dated 14/11/2022 for the Assessment Year 2015-16 confirming penalty u/s. 271(1)(c) of the Income Tax Act, 1961 [in short the Act ]. 2. Shri Ashok Mehta appearing on behalf of the assessee submitted that the notice dated 31/05/2018 issued u/s. 274 r.w.s. 271(1)(c) of the Act is defective, as both the limbs of section 271(1)(c) of the Act are mentioned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g inaccurate particulars of income . Thereafter, the Assessing Officer issued notice u/s. 274 r.w.s. 271(1)(c) of the Act, wherein both the limbs of section 271(1)(c) of the Act are invoked i.e. concealed particulars of income or furnished inaccurate particulars of income . Both the limbs are mentioned with conjunction or . This clearly indicate that , there was an ambiguity in the mind of Asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n absolute terms the charges for which the penalty proceedings are initiated. The notice vide which charges for levy of penalty are communicated to the assessee should be unambiguous. 5. The Full Bench of Hon'ble Bombay High Court in the case of Mohd. Farhan A. Shaikh vs. ACIT (supra) has held that mere defect in the notice would vitiate penalty proceedings. In the instant case, vagueness o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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