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2019 (5) TMI 1382 - ITAT MUMBAIPenalty u/s 271(1)(c) - additional income declared by the assessee during the assessment proceedings after filing the return of income u/s 153A - HELD THAT:- In this case the penalty has been initiated by the AO in the assessment order for both the charges i.e. concealment of income or for furnishing of inaccurate particulars of income. AO has initiated penalty under both the charges. Similarly, the penalty was imposed under both the charges in the penalty order dated 07.03.2014 passed u/s 271(1)(c). Though the notice issued u/s 274 r.w.s. 271(1)(c) is not before us so we are not able to comment on whether the assessee has mentioned both the charges or specific limb was pointed out but after perusal of the order of assessment passed u/s 143(3) r.w.s. 153A dated 31.12.2010 and the penalty order u/s 271(1)(c) dated 07.03.2014, we observe that the penalty was initiated for both the charges as well as imposed on both the charges which is not permissible under the Act as both these limbs are mutually exclusive. Under these circumstances, we are not in a position to sustain the order of CIT(A) confirming the penalty imposed u/s 271(1)(c) as the same is in violation of the ratio laid down by the Hon’ble Bombay High Court in the case of Mrs. Piedade Perinchery [2017 (1) TMI 1458 - BOMBAY HIGH COURT] & Shri Samson Perinchery vs. CIT [2017 (1) TMI 1292 - BOMBAY HIGH COURT] - Decided in favour of assessee.
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