2024 (2) TMI 1039

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ected against the order of the ld. CIT (Appeals)-30, New Delhi dated 18.01.2023 for the assessment year 2012-13 confirming the penalty under section 271(1)(c) of the Income-tax Act, 1961 (for short 'the Act') amounting to Rs.15,22,861/-. 2. At the outset, it is noted that there is a delay of 114 days in filing the appeal before the ITAT. For the reasonable cause for filing the delayed appeal, l....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ssessee has raised various grounds, at the outset, ld. Counsel of the assessee contended that the notice issued under section 274 read with section 271(1)(c) of the Act is a defective one. The charge has not been specified in the notice, hence referring to various decisions including that of Hon'ble jurisdictional High Court in the case of PCIT vs. Sahara India Life Insurance Co. Ltd. 432 ITR 84 (....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y on that count is to be deleted. Hon'ble Court held as under :- "Head Note only : S.271(1)(c) : Penalty - Concealment -Non-striking off of the irrelevant part while issuing notice under section 271(1)(c) of the Income-tax Act, - Order is bad in law - Assessee must be informed of the grounds of the penalty proceedings only through statutory notice. An omnibus notice suffers from ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... NEW DELHI-110060 Whereas in the it appears to me that you. course of proceedings before me for the Assessment Year 2012-2013 2 have without reasonable cause failed to comply with a notice under section 22(4)/23(2) of the indian-income-Tax-Act-1922-or-under-Section-142/11/14312) of the income Tax Act, 1961-dated, Income. have concealed the particulars of your Income or fu....