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Income Tax - Highlights / Catch Notes

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Penalty u/s 271(1)(c) - Mandation of specification of charge - ...


Defective Notice u/s 274 Invalidates Penalty Jurisdiction for AO u/s 271(1)(c) of Income Tax Act.

November 18, 2021

Case Laws     Income Tax     AT

Penalty u/s 271(1)(c) - Mandation of specification of charge - It is clear that for the AO to assume jurisdiction u/s 271(1)(c), proper notice is necessary and the defect in notice u/s 274 of the Act vitiates the assumption of jurisdiction by the learned Assessing Officer to levy any penalty. In this case, facts stated supra, clearly establish that the notice issued under section 274 read with 271 of the Act is defective - No penalty - AT

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