P.M. Abdulla v. ITO (2021) 323 CTR 1077 / 208 DTR 93 (Karn.)(HC)

S. 271(1)(c) : Penalty-Concealment-Non striking off of irrelevant portion-Order of Tribunal confirming the penalty notice was set aside. [S. 274]

Allowing the appeal the Tribunal held that validity of the order of penalty must be determined on the basis of the initiation of penalty proceedings. Notice was issued in the printed format without non-striking off irrelevant portion.  Defects being ex facie apparent in the notices issued, the ignition of proceedings being vitiated, the order of the Tribunal confirming the order of the authorities was set aside. (AY. 2003-04 & 2004-05)