Harshvardhan v. Dy. CIT (2020)77 ITR 81 (SN) / 195 DTR 145/ 206 TTJ 894(Bang.)(Trib.)

S. 271(1)(c) : Penalty–Concealment–Vague allegation-Not specifying specific charge-0levy of penalty is not valid. [S. 274]

Tribunal held that notice under S.  274 should specifically state the grounds mentioned in S.  271(1)(c), i. e., whether it is for concealment of income or for furnishing of inaccurate particulars of income and sending a printed form where all the grounds mentioned in S.  271 are mentioned would not satisfy requirement of law. The assessee should know the grounds which he has to meet specifically. Otherwise, the principles of natural justice are offended. On the basis of such proceedings, no penalty could be imposed to the assessee. Accordingly, that in each of the notices issued by the AO under S.  274, the AO alleged that the assessee had concealed the particulars of his income or had furnished inaccurate particulars of such income. The allegation was vague and no penalty could be levied. (AY.2009-10 to 2014-15)