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ITA No. 2759/Del/2024

Case No: ITA No. 2759/Del/2024
Court: Income Tax Appellate Tribunal, Delhi Bench
Date: 11 Oct 2024

Parties Involved

appellantACIT, Delhi
respondentTata Teleservices Ltd

Facts Summary

The appeal in ITA No. 2759/Del/2024 for the Assessment Year 2007-08 arises from the order of the National Faceless Appeal Centre (NFAC), Delhi dated 31.03.2024 against the order of assessment passed by the Assessing Officer, ACIT, Circle-25(1), Delhi dated 30.03.2018. The appeal concerns the imposition of a penalty under section 271(1)(c) of the Income-tax Act, 1961. The issue is whether the penalty could be levied when the Assessing Officer did not specifically mention the offence committed by the assessee in the penalty notice. The penalty notice issued on 24.12.2009 did not strike off the irrelevant portion, which led to the contention that the penalty proceedings were flawed.…

Decision in favour of

Partly Assessee / Partly Revenue

Legal Issues

  • 1. Whether the concealment penalty could be levied under section 271(1)(c) of the Act when the Assessing Officer did not specifically mention the offence committed by the assessee in the penalty notice.

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

3 precedents cited in this judgement.

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