Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

Penalty Quashed Due to Vague 271(1)(c) Notice Without Specifying Charge

Case Law Details

TaxGuru Citation
2025 taxguru.in 13300
Case Name
Shring Construction Company Pvt. Ltd. Vs DCIT (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2011-12
Advertisement

Shring Construction Company Pvt. Ltd. Vs DCIT (ITAT Delhi)

Vague 271(1)(c) Notice Fatal: Delhi ITAT Quashes ₹2.01 Cr Penalty for Not Specifying Charge

Delhi ITAT, Delhi Bench ‘F’, in Shring Construction Company Pvt. Ltd. Vs DCIT (ITA No.7056/Del/2018; AY 2011-12; order dated 19-12-2025), allowed the assessee’s appeal and deleted penalty of ₹2.01 crore levied u/s 271(1)(c) on the ground of invalid and ambiguous penalty notice.

The Tribunal found that the show-cause notice u/s 274 r.w.s. 271(1)(c) was issued in a mechanical, proforma manner, without specifying whether the penalty was for “concealment of particulars of income” or “furnishing of inaccurate particulars of income”. Even subsequent notices and the final penalty order failed to record a clear satisfaction as to the exact limb invoked. Such non-application of mind, the Tribunal held, goes to the root of jurisdiction and vitiates the entire penalty proceedings.

Relying on the landmark rulings in Manjunatha Cotton & Ginning Factory (Karnataka HC) and SSA’s Emerald Meadows (SC), the Tribunal reiterated that penalty proceedings are quasi-criminal in nature and the assessee must be clearly informed of the precise charge it has to meet. A vague notice striking both limbs simultaneously is bad in law and incurable. Accordingly, the penalty imposed for additions relating to LTCG recomputation, share application money and PF contribution was quashed in toto, and the appeal of the assessee was allowed.

FULL TEXT OF THE ORDER OF ITAT DELHI

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,844

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.