Penalty under section 271(1)(c) requires the revenue to specify...

Penalty under section 271(1)(c) requires the revenue to specify which limb--concealment of income or furnishing inaccurate particulars--is alleged; mere recital of the provision in the notice is inadequate. The tribunal held that notices failing to aver the specific material ingredients of the penal charge are defective and will vitiate penal proceedings, because penalty liability is distinct from tax assessment and carries serious civil consequences. The authorities must be clear at the time of issuing the notice which offence under the provision is charged; failure to do so invalidates the penalty process, consistent with cited authority.

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