57 total views
No hearing opportunity required if corrigendum issued to levy penalty under different sec. had no major impact.
Ramgopal Ochhavlal Maheshwari v. DCIT –  109 taxmann.com 184 (Gujarat)
Pursuant to search proceedings carried out at assessee’s premises on 23-8-2012, assessee filed his return declaring certain undisclosed income.
AO completed assessment making certain additions to assessee’s income. A notice under section 274, read with section 271AAA, was issued calling upon assessee to show-cause as to why penalty should not be levied under section 271AAA?
Later on, a corrigendum to order under section 143(3) was issued in terms of which, section under which penalty proceedings were initiated, was to be read as section 271AAB instead of section 271AAA.
Thereupon a penalty order was passed under section 271AAB.
Assessee filed an appeal contending that penalty notice could not be corrected by way of a corrigendum. In alternative, assessee submitted that he should have been heard before issue of corrigendum.
The Gujarat High Court held that there was no substantial difference between section 271AAA and section 271AAB except in respect of applicability which depended upon date when search had been initiated. Therefore, plea raised by assessee had no merit and same deserved to be rejected.