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Case Law Details

Case Name : Jyoti Samer Garg & Co. Vs ITO (ITAT Delhi)
Appeal Number : ITA No.9030/Del/2019
Date of Judgement/Order : 22/03/2023
Related Assessment Year : 2014-15
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Jyoti Samer Garg & Co. Vs ITO (ITAT Delhi)

ITAT held that when the notices issued by the AO are bad in law being vague and ambiguous having not specified under which limb of section 271(1)(c) of the Act, the penalty proceedings initiated u/s 271(1)(c) are not sustainable.

When the very initiation of the penalty by way of issuance of vague and ambiguous notices u/s 271(1)(c) read with section 274 of the Act without specifically charging the assessee if he has concealed the particulars of income or has furnished inaccurate particulars of such income, subsequent penalty proceedings are not sustainable, hence penalty levied by the AO and confirmed by the Id. CIT (A) is not sustainable.

FULL TEXT OF THE ORDER OF ITAT DELHI

This appeal by the assessee is preferred against the order of the CIT(A)-34, New Delhi dated 27.09.2019 pertaining to A.Y.2014-15.

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