Non mention of specific ground in penalty notice U/s. 274 makes it defective

DCIT Vs. Shyam Sunder Dhanuka (ITAT Kolkata)

There is no requirement for levying penalty under explanation 5A to section 271(1)(c) that the party to whom the assessment proceedings were initiated under section 153C should be searched under section 132, however, notice under section 274 should specifically state the grounds mentioned in section 271(1)(c), i.e., whether it is for concealment of income or for furnishing of incorrect particulars of income. Sending printed form where all the grounds mentioned in section 271 are mentioned, would not satisfy requirement of law. Therefore, show cause notice under section 274 was defective as it did not spell out the ground on which the penalty was sought to be imposed. Hence, penalty was deleted.

FULL TEXT OF THE ITAT ORDER IS AS FOLLOWS:-