PCIT v. Unitech Reliable Projects (P.) Ltd. (2024) 300 Taxman 585 (SC) Editorial : PCIT v. Unitech Reliable Projects (P.) Ltd (2023) 294 Taxman 507/ (2024) 462 ITR 307 (Delhi)(HC)

S. 271(1)(c) : Penalty-Concealment-Not specifying the specific charge-High Court affirmed the order Tribunal-SLP of Revenue is dismissed. [S. 274, Art. 136]

Assessing Officer made additions to assessee’s income and triggered penalty proceedings under section 271(1)(c) and further levied penalty.  Tribunal held  that notice issued under section 274 did not specify as to limb under which penalty was sought to be imposed, i.e., notice did not indicate as to whether penalty was to be levied on account of concealment of income or for reason that assessee had furnished inaccurate particulars quashed penalty proceedings.  High Court  held that where Assessing Officer had triggered penalty proceedings under section 271(1)(c) against assessee, it was necessary for him to indicate broadly as to limb under which penalty proceedings were triggered.  Accordingly it held  that no substantial question of law arose for consideration against order of Tribunal. Special leave petition filed against order of High Court is dismissed.  (AY. 2012-13)

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