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Section 271(1)(c) Penalty Invalid for Non-Specification of Charge: ITAT Agra

Case Law Details

Case Name
Tahir Khan Vs ITO (ITAT Agra)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2014-15
Advertisement Tahir Khan Vs ITO (ITAT Agra) Penalty of ₹83.45 Lakh u/s 271(1)(c) Quashed for Defective Notice; Failure to Specify Charge Vitiates Proceedings – ITAT Agra The Agra Bench of the ITAT allowed the assessee’s appeal and deleted penalty of ₹83.45 lakh levied under section 271(1)(c) for AY 2014-15, holding that the entire penalty proceedings were void ab initio due to a defective and vague show-cause notice. The Assessing Officer had imposed penalty pursuant to large additions (mainly ₹97.31 lakh under section 56(2)(vii) and other ad-hoc disallowances). The assessee chall...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,842

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