Penalty order liable for cancellation if penalty notice do not specify why it is been initiated

Aditya Chemicals Ltd Vs. The I.T.O (ITAT Delhi)

in the case before us the AO made a serious lapse in not fixing the charge clearly while assuming jurisdiction to levy penalty and whether at the stage of leaving the penalty.

n principle, when penalty proceedings are sought to be initiated by the revenue under section 271(1)(c) of the Act of 1961, the specific ground which forms the foundation therefore has to be spelt out in clear term. Otherwise, an assessee would not have proper opportunity to put forth his defence. When the proceedings are penal in natur

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