The HC held that the penalty imposed under section 271(1)(c) was ...

Penalty Under Section 271(1)(c) Invalidated Due to Ambiguous Show Cause Notice Lacking Specific Charge Details

March 26, 2025

Case Laws     Income Tax     HC

The HC held that the penalty imposed under section 271(1)(c) was invalid due to a defective show cause notice issued under section 274. Following precedents established in CIT v. SSA's Emerald Meadows and CIT v. Manjunatha Cotton & Ginning Factory, the court determined that the notice failed to specify whether the charge against the assessee was for concealment of income particulars or furnishing inaccurate particulars. As the notice contained blank columns without furnishing any particulars, the court concluded that the notice was bad in law, rendering the entire penalty proceedings vitiated. The ruling was decided in favor of the assessee.

View Source