Case Law Details
Case Name : Dazzler Confectionery Company Vs ITO (ITAT Mumbai)
Related Assessment Year : 2013-14
Courts :
All ITAT ITAT Mumbai
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Dazzler Confectionery Company Vs ITO (ITAT Mumbai)
Penalty u/s 271(1)(c) Deleted Due to Defective Notice – No Specific Charge Mentioned
AO levied penalty of ₹44.79 lakh u/s 271(1)(c) on disallowances relating to pre-operative expenses & 35D deduction. Penalty notice u/s 274 was issued using “concealment OR furnishing inaccurate particulars” without specifying the exact charge.
Assessee challenged penalty on ground of defective notice. Revenue argued that defect is curable & no prejudice caused.
ITAT held:
AO failed to specify exact limb of section 271(1)(c) in notice → non-a...
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