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Case Law Details

Case Name : Zaheer Abdulhamid Mulani Vs ITO (ITAT Pune)
Appeal Number : ITA No.1185/PUN/2017
Date of Judgement/Order : 26/03/2019
Related Assessment Year : 2011-12
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Zaheer Abdulhamid Mulani Vs ITO (ITAT Pune)

The sanctity in terms of natural justice with regard to this proposition is that the assessee under the scheme of welfare legislation which is embedded in the Income Tax Act, 1961 should get an opportunity to prepare himself for the defense as regards to the exact charge on which penalty is imposed upon him u/s. 271(1)(c) of the Act. In the instant case, the charge is vague and therefore, levy of penalty is not warranted. Furthermore, the revised return filed by the assessee is in conformity with section 139(5) of the Act wherein all the particulars of income have been disclosed.

FULL TEXT OF THE ITAT JUDGEMENT

This appeal preferred by the assessee emanates from the order of the Ld. CIT(Appeals), Pune dated 23.12.2016 for the assessment year 2011-12 as per grounds of appeal on record.

2. The crux of the grievance of the assessee is with regard to confirmation of penalty levied u/s.271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’).

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