Defect in Section 274 Notice vitiates the Assumption of Jurisdiction by AO

Ashoka Machine Tools Intl. Pvt. Ltd. Vs ITO (ITAT Delhi)

ITAT held that for the AO to assume jurisdiction u/s 271(l)(c), proper notice is necessary and the defect in notice u/s 274 of the Act vitiates the assumption of jurisdiction by the learned Assessing Officer to levy any penalty.

FULL TEXT OF THE ORDER OF ITAT DELHI

This appeal, by the assessee, is directed against the order of the learned Commissioner of Income-tax (Appeals)-1, New Delhi, dated 31.12.2018, pertaining to the assessment year 2009-10. The assessee has raised following grounds of appeal:

“1.1. That the Hon’ble CIT(A) grossly erred in sustaining the order of penalty passed u/s. 271(1 )(c) of the I.T. Act, 1961 imposing penalty amounting of Rs. 2,47,955/- levied by the Assessing officer.

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