Non striking of applicable limb of penalty in notice-SC dismisses SLP of Income Tax Department

Non striking of applicable limb of penalty clause u/s 271(1)(c) in notice-Supreme Court dismisses SLP of the Income Tax Department

ABCAUS Case Law Citation
ABCAUS 3426 (2020) (11)

Important case law relied upon by the parties:
Commissioner of Income Tax v/s Shri Samson Perinchery
Principal Commissioner of Income Tax v/s New Era Sova Mine

In a recent case, the Hon’ble Supreme Court have dismissed the Special Leave Petition of the Income Tax Department challenging the decision of the Hon’ble High Court on the issue of non striking of the applicable limb in penalty notice u/s 271(1)(c).

Both the CIT(A) and the Tribunal had observed that in the notice issued to the assessee u/s 274, the Assessing Officer (AO) had not striked down the relevant portion of the printed form in order to indicate whether the satisfaction is based upon the concealment of particulars   or furnishing of inaccurate particulars.

The Hon’ble High Court held that there was no record of satisfaction by the AO that there was any concealment of income or that any inaccurate particulars were furnished by the assessee which is sine qua non for initiation of penalty proceedings.

The Hon’ble High Court, in the absence of such satisfaction, held that the lower authorities had correctly ordered the dropping of penalty proceedings against the assessee.

The Hon’ble Supreme Court dismissed the SLP of the Department stating that there was no reason to interfere in the matter.

Download Full Judgment Click Here >>

• Assessment was void as instead of notice u/s 148 AO issued notice u/s 142(1)
• CA accused of forgery by advising investment in a firm gets bail by Allahabad High Court
• Software had nexus with generation of profits, purchaser can’t be said a consumer – SC
• Termination upheld of Postmaster who embezzled money by mere stamping passbooks
• Supreme Court stays DGGI order on the issue of two parallel GST proceedings