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2017 (2) TMI 392 - ITAT DELHIPenalty u/s 271(1)(c) - concealment of income or for furnishing in accurate particulars of income - Held that:- In the penalty order it nowhere mentions that it is for concealment of income or for furnishing in accurate particulars of income. Penalty notice dated 25.3.2013 mentions both the alleged charges without clearly specifying as to whether it is for concealment or for inaccurate particulars. As in the next penalty notice dated 26.8.2013 is also on the similar lines as per notice dated 25.3.2013. Therefore, the notice for penalty was ambiguous and vague in as much as it is stated both concealment of particulars of income or furnishing of inaccurate particulars. No proper or reasonable opportunity was given by the AO to meet the charge. The charge itself was stated to be nebulously. The penalty notice contains both ingredients of penalty without satisfying the particular contravention for which the proceedings have been initiated. In such circumstances, the penalty as levied by the AO in terms of his order dated 30.9.2013 in ab initio invalid, illegal and must be quashed. - Decided in favour of assessee
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