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Section 271(1)(c) Penalty for Income Concealment Invalid on Flawed Notice
Case Law Details
- Case Name
- PCIT Vs Dr. Murari Mohan Koley (Calcutta High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2004-05
- Courts
- All High Courts, Calcutta High Court
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PCIT Vs Dr. Murari Mohan Koley (Calcutta High Court)
The case of PCIT vs. Dr. Murari Mohan Koley before the Calcutta High Court addressed a fundamental procedural issue in the imposition of penalties under Section 271(1)(c) of the Income Tax Act, 1961. The core issue was whether a penalty could be legally sustained if the initial show-cause notice issued to the assessee was defective because it did not specify the exact charge. The penalty in this case was levied for five assessment years: 2004-05, 2005-06, 2006-07, 2007-08, and 2009-10.
Factual Background
The tax authorities ...





