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2018 (2) TMI 1958 - ITAT MUMBAIPenalty u/s 271(1)(c) - Defective notice - AO levied the penalty on both the charges i.e. furnishing of inaccurate particulars of income as well as concealing the particulars of income - HELD THAT:- As relied on the orders of the lower authorities but it was pointed out to him that how the AO can levy the penalty on both the charges i.e. for furnishing of inaccurate particulars of income as well as for concealing of particulars of income. The AO is not sure about specific charge for which the assessee is in default, which is clear from above reproduced order of the AO regarding levy of penalty. In view of these facts, we are of the view that the issue is covered by the decision of Hon’ble Bombay High Court in the case of CIT vs Samson Perinchery [2017 (1) TMI 1292 - BOMBAY HIGH COURT] . Respectfully following the decision of Hon’ble Bombay High Court, we allow this appeal of the assessee.
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