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

Merely because the assessee claimed the expenditure by virtue of a change of head of income and the claim was not acceptable to the Assessing Officer cannot per se attract penalty u/s 271(1)(c) of the Act.

Shanti Prime Publication Pvt. Ltd.

Sec. 271(1)(c) of Income Tax Act, 1961— Penalty — Penalty levied u/s 271(1)(c) is not sustainable and has to be deleted 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 u/s 271(1)(c) has been initiated.

Facts: Revenue filed the appeal before Tribunal that CIT(A) was not correct in cancelling the penalty u/s 271(1)(c) as the quantum of additions were confirmed which tantamount to furnishing of inaccurate particulars of income by the assessee.

Held, that it is pertinent to note that there is no concealment in the present case. The Assessee filed all the details during the regular assessment proceedings. 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 u/s 271(1)(c) has been initiated, therefore, the penalty levied u/s 271(1)(c) is not sustainable and has to be deleted. - DEPUTY CIT V/s METRO TYRES PVT. LTD. - [2020] 26 ITCD Online 104 (ITAT-DELHI)