Sanjeev Kumar vs. Central Circle-14

Parties Involved

Facts Summary

Sanjeev Kumar, the appellant, has filed appeals against the orders of the Commissioner of Income Tax (Appeals) confirming penalty levied under section 271(1)(c) of the Income Tax Act, 1961 for the assessment years 2009-10 to 2012-13. The penalty was levied due to the concealment of particulars of income and furnishing inaccurate particulars of income. The appellant argued that the penalty was imposed due to a defective notice issued under section 274 read with section 271(1)(c) of the Act. The appellant's advocate submitted that the notice was ambiguous and not in accordance with the law laid down by the Hon'ble Supreme Court and the Hon'ble Delhi High Court. The respondent, represented by Ms. Shivani Bansal, supported the impugned order and prayed for dismissing the appeal.…

Legal Issues

• 1. Whether the penalty proceedings are vitiated due to the defective notice issued under section 274 read with section 271(1)(c) of the Act?
• 2. Whether the ambiguity in recording satisfaction for levying penalty under section 271(1)(c) of the Act is valid?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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