Section 271(1)(c) Penalty Set Aside for Vague Limb in Notice: ITAT Delhi

Solitairian Buildinfra Private Limited Vs DCIT/ACIT (ITAT Delhi) Penalty u/s 271(1)(c) Quashed – Defective Notice Without Specifying Limb Held Fatal The Delhi ITAT allowed the assessee’s appeal and quashed the penalty of ₹5.45 lakh levied under Section 271(1)(c) on the ground that the penalty notice was defective and invalid in law. The Tribunal found that the Assessing Officer had issued the notice under Section 274 read with Section 271(1)(c) by mentioning both limbs – “concealment of income” and “furnishing of inaccurate particulars” – without striking off the inapplicable...