Penalty Notice u/s 274 is invalid if it do not Specify Charge against Assessee and does not Strike out Inappropriate Words

Shri Amit Kumar Gope Vs. D.C.I.T. (ITAT Kolkata)

Show cause notice issued in the present case u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income. The show cause notice u/s 274 of the Act does not strike out the inappropriate words. In these circumstances, we are of the view that imposition of penalty cannot be sustained.

FULL TEXT OF THE ITAT ORDER IS AS FOLLOWS:-

This is an appeal by the Assessee against the order dated 14.06.2016 of C.I.T-(A)-18, Kolkata relating to A.Y.2011-12.

2. In this appeal the assessee has challenged the order of CIT(A) whereby the CIT(A) confirmed the order of AO imposing penalty u/s 271(1)(c) of the Income Tax Act, 1961 (Act).

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