Simran K. Sayyed (Ms.) v. ITO(2019) 70 ITR 472 (Bang.)(Trib.)

S. 271(1)(c) : Penalty–Concealment–Additional ground-Failure by Assessing officer to delete inappropriate words and parts in relevant paragraph of notice-Notice not specifying issued for concealment of income or furnishing of inaccurate particulars of income-Levy of penalty is not valid. [S. 274]

Tribunal has admitted the additional ground of the assessee in respect of jurisdictional issue for levy of penalty  and held that a notice issued under section 274 read with section 271 of the Act without specifying whether the notice was issued for concealment of particulars of income or furnishing of inaccurate particulars of income was invalid and the consequential penalty proceedings or order were also not valid. Hence, the notice issued by the Assessing Officer u/s 274 was invalid since the inappropriate words and parts had not been deleted in the relevant paragraph of the notice and it was and it was not clear as to which default had been committed by the assessee, whether it not clear whether the penalty u/s 271(1)(c) was to be imposed for furnishing of inaccurate particulars of income or concealing particulars of income. Accordingly, the penalty levied under section 271(1)(c) of the Act was to be deleted. (ITA Nos. 1949/Bang/2017)  (AY. 2012-13)