Penalty under Section 271(1)(c) invalid for vague satisfaction and defective notice; revenue's challenge dismissed under Article 136 SC upheld the HC's decision quashing the penalty imposed u/s 271(1)(c). It agreed that the AO failed to record clear satisfaction regarding the specific ...
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Penalty under Section 271(1)(c) invalid for vague satisfaction and defective notice; revenue's challenge dismissed under Article 136
SC upheld the HC's decision quashing the penalty imposed u/s 271(1)(c). It agreed that the AO failed to record clear satisfaction regarding the specific limb of section 271(1)(c) allegedly violated and did not issue a proper show cause notice before initiating penalty proceedings. The recorded satisfaction related only to denial of exemption u/s 10(23C)(vi) and not to other additions. Finding no valid ground to interfere under Article 136 of the Constitution, SC dismissed the revenue's special leave petition, affirming deletion of the penalty.
"Delay condoned." The Court, invoking its discretionary jurisdiction under Article 136 of the Constitution of India, stated: "We do not find a good ground to interfere with the impugned judgment in exercise of our jurisdiction under Article 136 of the Constitution of India." Accordingly, "the special leave petition is dismissed." All pending applications, if any, "shall stand disposed of." The order is summary in nature-denial of exceptional relief without entertaining merits-based interference-leaving the impugned judgment intact and concluding the matter before the Court.
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