Case Law Details
Shri Atul Kumar Bansal Vs DCIT (ITAT Delhi)
Hon’ble Bombay High Court (Full Bench at Goa) in the case of Mr. Mohd. Farhan A. Shaikh ACIT [(2021) 434 ITR 1 (Bom)] while dealing with the issue of non-strike off of the irrelevant part in the notice issued u/s.271(l)(c) of the Act, held that assessee must be informed of the grounds of the penalty proceedings only through statutory notice and an omnibus notice suffers from the vice of vagueness.
ITAT held that as in this case notice u/s. 274 r.w.s. 271(1)(c) of the Act was issued without striking off the irrelevant portion of the limb and failed to intimate the assessee the relevant limb and charge for which the notices were issued. Thus, respectfully following the said decision we hold that the penalty order passed u/s. 271(1)(c) of the Act by the Assessing Officer is bad in law and accordingly the penalty order passed u/s. 271(1)(c) of the Act for Assessment Years 2000-01 to 2003-04 is quashed.
FULL TEXT OF THE ORDER OF ITAT DELHI
1. These appeals are filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-30, New Delhi, [hereinafter referred to CIT (Appeals)] dated 10.05.2019 in sustaining the penalty under Section 271(1)(c) of the Income Tax Act, 1961 (the Act) for assessment years 2000-01 to 2003-04.
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