Jayco Promoters & Developers Pvt. Ltd vs. Income Tax Officer, Ward-13(3), Delhi
Parties Involved
Facts Summary
The appeal in ITA No. 101/Del/2025 for AY 2007-08, arises out of the order of the National Faceless Appeal Centre (NFAC), Delhi in Appeal No. ITBA/NFAC/S/250/2024-25/1070162078(1) dated 07.11.2024 against the order of assessment passed u/s 271(1)(c) of the Income-tax Act, 1961 dated 22.03.2018 by the Assessing Officer, ITO, Ward-13(3). The assessee raised a ground stating that the Assessing Officer in the penalty notice had not struck off the inappropriate portion as to whether the assessee had concealed the particulars of income or furnished inaccurate particulars of income. The Tribunal examined the show cause notice issued for penalty u/s 274 read with section 271(1)(c) of the Act dated 21-03-2014 and found that the Assessing Officer had not specifically mentioned the offence committed by the assessee by striking off the irrelevant portion.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether non-striking off of the irrelevant portion in the penalty notice by not specifically mentioning the offence committed by the assessee, would become fatal to the penalty proceedings?
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
2 precedents cited in this judgement.
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