KPC Medical College and Hospital v. PCIT (Central) (2025) 304 Taxman 679 (Cal.)(HC)

S. 271(1)(c) : Penalty-Concealment-Not specifying the charge-None of the relevant columns have been indicated nor have the irrelevant columns been struck off- Appeal of assessee was allowed-Order of Tribunal affirming the penalty was quashed and set aside. [S.260A, 274]

 

Court held that the appeal filed by the revenue was dismissed holding that where the Assessing Officer had not specified the relevant portion of clause (c) in the notices for initiating penalty proceedings under section 271(1)(c), the notices issued under section 274 read with 271 were invalid and, therefore, the orders passed by the authorities levying penalty under section 271(1)(c) were cancelled. Court also observed that from perusal of the notice it was noted that none of the relevant columns have been indicated nor have the irrelevant columns been struck off.  Thus, the appeals filed by the assessee are allowed and the substantial questions of law are answered in favour of the assessee.(AY. 2007-08 to 2009-10 and 2011-12)

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