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2018 (7) TMI 1319 - ITAT DELHIPenalty u/s 271(1)(c) - non specification of charge - defective notice - Held that:- Bare perusal of the notice issued u/s 274 read with section 271(1)(c) of the Act in order to initiate penalty proceedings against the assessee goes to prove that the AO himself was not aware as to whether he is issuing notice to initiate the penalty proceedings either for “concealment of particulars of income” or “furnishing of inaccurate particulars of such income” by the assessee rather issued vague and ambiguous notice by incorporating both the limbs of section 271(1)(c). When the charge is to be framed against any person so as to move the penal provisions against him, he/she should be specifically made aware of the charges to be leveled against him/her. Thus the penalty levied by the AO and confirmed by the Ld. CIT(A) is not sustainable in the eyes of law - decided in favour of assessee
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