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RAJIV SHAKDHER, GIRISH KATHPALIA
Principal Commissioner of Income Tax (central)-2 – Appellant
Versus
Gopal Kumar Goyal – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM APPL. 33608/2023
1. Allowed, subject to just exceptions.
CM APPL. 33609/2023
2. This is an application moved on behalf of the appellant/revenue seeking condonation of delay in re-filing the appeal.
2.1 According to the appellant/revenue, there is a delay of 220 days.
3. For the reasons given in the application, the delay is condoned.
4. Accordingly, the application is disposed of.
ITA 345/2023
5. This appeal concerns Assessment Year (AY) 2004-05.
6. The appeal is directed against the order dated 30.03.2022 passed by the Income Tax Appellate Tribunal [in short, "Tribunal"].
7. The short issue which arose for consideration before the Tribunal, and which also arises before this Court is: whether the penalty proceedings are flawed, since the notice issued in that behalf failed to indicate which limb of Section 271(1)(c) of the Income Tax Act, 1961 [in short, "the Act"] was attracted for initiation of proceedings? In other words, whether proceedings were triggered against the respondent/assessee for concealment of income or furnishing inaccurate particulars.
7.1 Given this position, it would be he
The necessity for the Assessing Officer to clearly indicate the provision/limb under which penalty proceedings are triggered against the assessee.
The main legal point established in the judgment is the necessity for the assessing officer to clearly specify whether penalty is being levied for concealment of income or for furnishing inaccurate p....
Penalty proceedings under Section 271(1)(c) of the Income Tax Act require the Assessing Officer to clearly specify the provision/limb under which penalty proceedings are triggered against the assesse....
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