The Appellate Tribunal considered two issues: Penalty u/s ...

Penalty notices must clearly state the offense committed by the assessee. Failure to do so can lead to cancellation of penalties.

Case Laws Income Tax

June 14, 2024

The Appellate Tribunal considered two issues: Penalty u/s 271(1)(c) and u/s 270A. For the first, the Tribunal found the penalty notice defective as it did not specify the offense committed by the assessee, following the precedent set in Mohd. Farhan A Shaikh. The penalty u/s 271(1)(c) was directed to be deleted. Regarding penalty u/s 270A for misreporting income, the Tribunal noted the vague show cause notice lacking specific sub-clauses under section 270A(9). Since the AO made ad hoc disallowances without clear mention of sub-clauses, the assessee qualified for immunity u/s 270A(6)(b). Citing SCHNEIDER ELECTRIC SOUTH EAST ASIA, the Tribunal canceled the penalty u/s 270A due to the vague notice. Both decisions favored the assessee.

View Source

← Previous Next →

The Appellate Tribunal considered two issues: Penalty u/s ...

Penalty notices must clearly state the offense committed by the assessee. Failure to do so can lead to cancellation of penalties.

Case Laws Income Tax

June 14, 2024

You may also like:

Penalty levied u/s. 271B - Defective notice - vague and unspecific notice - failure to furnish the audit report u/s 44AB before the due date - Notice proposing penalty...

CIRP - Reimbursement of Compounding fees - Who is responsible for offence or compounding of offence under the Income Tax Act which was committed much before the...

The Appellate Tribunal considered the issue of penalty u/s 271(1)(c) of the Act. It was questioned whether a precise charge was brought against the assessee and if the...

Penalty u/s 271(1)(c) - defective notice u/s 274 - The Tribunal emphasized the necessity for such notices to clearly delineate the charge against the assessee, allowing...

The assessee challenged the penalty imposed u/s 271(1)(c) for short credit of sale consideration received from the sale of copyrights and cable rights. The issue...

The Appellate Tribunal found that the penalty was initiated u/s. 271DA instead of u/s. 271D, which led to confusion and violated the assessee's right to a fair hearing....

Grant of Anticipatory Bail - respondent had issued notice/summons u/s 70 of CGST - the petitioner has reasons to believe that he may be arrested on accusation for having...

Penalty levied u/s 271(1)(b) - failure to comply with the notices issued by the A.O u/s 142(1) - the non-compliance on the part of the assessee is due to the reason of...

Evasion of custom duty - whether the Customs Act prohibits the criminal prosecution under the IPC - The investigating agency or the police would have jurisdiction to...

Penalty proceedings for a default committed by a deceased - legal representatives - Levy of penalty u/s 271B for non-furnishing of Tax Audit Report within the prescribed...

Offence punishable under Section 63 of the Copyright Act - cognizable offence or not - Only in a case where the offence is punishable for imprisonment for less than...

Levy of penalty u/s 271(1)(c) - Defective notice u/s 274 - Emphasizing the principles outlined by the Karnataka High Court, the Tribunal reaffirmed the importance of...

Punishable offence u/s 148 - Failure to appoint cost auditor within the time limit prescribed under Section 148(3) and Rule 6(2) - The persons/accused of an offence...

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...

Penalty u/s 271 - Defective notice - the allegation should be specific and clear in the penalty notice also because the assessee has to submit reply in the course of...

Quick Updates: