Latest Income-Tax Details

For Full Access To All Latest Judgments on Income Tax
Click Here To Subscribe Now
Take a tour of our Income-Tax Library

We have heard both the parties and perused the material available on record. It is pertinent to note that there is no concealment in the present case. The assessee has also filed all the details during the regular assessment proceedings. From the notice dt. 28th Dec., 2011 produced by the learned Authorised Representative during the hearing, it can be seen that the AO was not sure under which provisions of s. 271 of the IT Act, 1961, the assessee is liable for penalty. Thus, notice under s. 271(1)(c) r/w s. 274 of the Act itself is bad in law. We, therefore, set-aside the order of the CIT(A) and direct the AO to cancel the penalty so levied.

Sec. 271(1)(c) of Income-tax Act, 1961— Penalty - Since the inappropriate words in the penalty notice has not been struck off and the notice does not specify as to under which limb of the provisions, the penalty under s. 271(1)(c) has been initiated, therefore, the penalty levied under s. 271(1)(c) is not sustainable and has to be deleted. - ADMAN ADVERTISING V/s ASSTT. CIT - [2020] 23 ITCD Online 137 (ITAT-DELHI)
Professional services available Audit Management
Tax Lok English Viedo
Tax Lok Hindi Viedo
Check Your Tax Knowledge
Youtube
HR Consulting services

FOR FREE CONDUCTED TOUR OF OUR ON-LINE LIBRARIES WITH OUR REPRESENTATIVE-- CLICK HERE

FOR ANY SUPPORT ON GST/INCOME TAX

Do You Want To Take FREE DEMO Of Our GST/Income Tax Library.