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Vague Penalty Notice Makes Section 271(1)(c) Proceedings Void: ITAT Rajkot
Case Law Details
- Case Name
- Klin Industries Vs ACIT (ITAT Rajkot)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2014-15
- Courts
- All ITAT, ITAT Rajkot
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Klin Industries Vs ACIT (ITAT Rajkot)
Defective Penalty Notice Vitiates 271(1)(c) Proceedings – ITAT Rajkot Deletes Penalty Despite AMT Liability
The Rajkot Bench of the ITAT allowed the assessee’s appeal and deleted penalty of ₹6.21 lakhs levied u/s 271(1)(c) for AY 2014-15, holding that the penalty notice was defective and the proceedings were invalid in law.
The assessee had originally filed a nil return claiming deduction u/s 80JJA. The case was later reopened and assessed u/s 147 r.w.s. 144 by bringing the income to tax under the AMT provisions of section 115JC, followed by levy of ...





