Bhubaneswar Development Authority v. Dy. CIT (2018) 62 ITR 290 (Cuttack)(Trib.)

S. 271(1)(c) : Penalty – Concealment – Notice issued without striking out irrelevant words – shows non application of mind – Penalty not sustainable.

The penalty provisions of S.271(1)(c) of the Act are attracted where the assessee had concealed the particulars of income or furnished inaccurate particulars of such income. The two limbs of S. 271(1)(c) carry different meanings. Therefore, it is imperative for the AO to strike off the irrelevant limb so as to make the assessee aware as to what is the charge made against him so that he can respond accordingly. The standard pro forma of notice under S. 274 without striking off the irrelevant clauses would lead to an inference of non-application of mind by the A.O. (AY. 2007-08)