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2017 (3) TMI 1540 - AT - Income TaxLevy of penalty u/s. 271(1)(c) - defective notice - Held that:- Drawing up penalty proceedings for one offence and finding the assessee guilty of another offence or finding him guilty of either one or other cannot be sustained in law. In this case also the assessment order reads that penalty proceedings were initiated for furnishing inaccurate particulars of income, whereas the penalty order shows that the assessee was guilty of concealment of particulars of income/furnishing inaccurate particulars of income. According to the binding precedents referred to above, such a course is bad in law and cannot be sustained. We, therefore, proceed to quash the penalty proceedings as they cannot be sustained under law. - Decided in favour of assessee.
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