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Defective Penalty Notice Invalidates Section 271(1)(c) Penalty: ITAT Delhi

Case Law Details

Case Name
Jayco Promoters & Developers Pvt. Ltd. Vs ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2007-08
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Jayco Promoters & Developers Pvt. Ltd. Vs ITO (ITAT Delhi) Defective Penalty Notice Invalidates Section 271(1)(c) Penalty: ITAT Delhi Follows Jurisdictional High Court The Delhi Bench of the ITAT deleted the penalty levied under section 271(1)(c) for AY 2007-08 on the ground that the penalty notice issued under section 274 was fundamentally defective. The Tribunal found that the Assessing Officer failed to strike off the inapplicable portion in the notice and did not specify whether the penalty was being initiated for “concealment of income” or for “furnishing of inaccurate particula...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,493

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