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2019 (10) TMI 193 - ITAT DELHIPenalty u/s 271 (1) (C) - Addition of expenditure held to be not for the purposes of the business u/s 37 - admission of additional evidence - HELD THAT:- Admitting additional ground of assessee with respect to not specifying any of twin charges in notice, penalties were cancelled. Identical additional ground has been raised by assessee for these years. Therefore according to judicial precedent available before us in assessee’s own case as well as it is merely a legal issue, which can be raised by assessee at any stage, we must admit additional ground raised by assessee. Further claim of learned departmental representative that fresh facts are required to be investigated is also not acceptable because of reason that penalty notices issued under 274 of income tax act are already available on appeal files. Thus, respectfully following decision of coordinate bench in assessee’s own case on same set of facts, we admit additional grounds raised by assessee. Levy of penalty u/s 271 (1) (C) read with section 274 has not mentioned clearly any of twin charges for which penalty is initiated. Though in assessment order penalty has been initiated by assessing officer for furnishing inaccurate particulars of income but in accompanying notice along with assessment order learned assessing officer has not cancelled 1 of twin charges for making charge very specific and clear to assessee. Levy of the penalty on the basis of not striking of any of the twin charges in the notice issued u/s 274 of the income tax act in earlier years cancelling the penalty levied - Decided in favour of assessee
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