Kesar Realty Pvt Ltd v. DCIT (Mum) (Trib) (UR) Kesar Housing and Development Co v .DCIT (Mum)(Trib) (UR).

S. 271(1) (c ): Penalty –Concealment – Charge is not specified – Inaccurate particulars of income – Levy of penalty on concealing particulars of income-Levy of penalty is held to be void ab initio- Explanation 5A . [S.153C, 274 ]

Allowing the appeal of the assesse the Tribunal held that initiation of penalty on one ground and levy of penalty on another ground  is impermissible in law. The AO had issued a notice u/s 271(1)(c) on the grounds of ‘furnishing inaccurate particulars of income’. The penalty order passed by the AO was on the grounds of ‘concealing particulars of income’. This was impermissible in law. Followed CIT v  Samson Perinchery  (.2017)  ) 392 ITR 4 ( Bom) (HC)  Tata Communications Ltd v DCIT in ITA. No. 3108/M/2016 dt 21/02/2018. ( Mum) (Trib) (ITA.No. 515/Mum/2016/514 & 513 dt 19.12.2018)

 

[Click here to download PDF file]