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2018 (11) TMI 1596 - AT - Income TaxPenalty u/s. 271(1)(c) - non specification of charge - non-application of mind by the Assessing Officer in initiating the penalty proceedings - non-strike of the irrelevant limb in the notice - HELD THAT:- Admittedly in this case the AO issued notice u/s. 274 r.w.s. 271 in a routine manner without specifying the charge for which the penalty is proposed to be levied i.e. either for concealment of income or for furnishing inaccurate particulars of said income. While passing the Assessment Order the AO initiated penalty proceedings for concealment of income and for furnishing inaccurate particulars of income. However, while passing the Penalty Order the Assessing Officer levied penalty for concealment of particulars of income. Therefore, we observe that there is a complete non-application of mind by the Assessing Officer in initiating the penalty proceedings. See MEHERJEE CASSINATH HOLDINGS PRIVATE LIMITED VERSUS ACIT, CIRCLE-4 (2) , MUMBAI [2017 (5) TMI 904 - ITAT MUMBAI] Notice issued by the Assessing Officer u/s. 274 r.w.s. 271(1)(c) of the Act is on account of non-application of mind and therefore on this account itself the penalty imposed u/s.271(1)(c) is liable to be deleted. - Decided in favour of assessee.
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