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2017 (9) TMI 1518 - AT - Income TaxPenalty u/s 271(1)(c) - eligibility of notice - addition on inflated purchases and bogus sundry creditors - non-striking of the irrelevant column renders the notice issued u/s 271 - Held that:- n the assessment order, the assessing officer recorded that the penalty proceedings u/s 271(1)(c) of the Act are initiated separately. It was not mentioned whether the penalty proceedings were initiated for concealment of income or for furnishing of inaccurate particulars. In the notice issued u/s 274 r.w.s. 271 of the Act, the A.O. has not striked off the irrelevant column and made known the assessee for which reason the penalty was initiated and for which limb of the notice explanation required to be submitted. The coordinate bench in the case of Smt. Makina Annapurna Vs. ITO Ward -5(2), Visakhapatnam in ITA Nos.604 & 605/Vizag/2014 dated 2.2.2017 on identical facts held that non-striking of the irrelevant column renders the notice issued u/s 271 of the Act invalid. In the instant case, the A.O. has issued the notice without striking off the irrelevant column and in the assessment order, the A.O. did not mention for which offence the penalty was initiated. Appeal filed by the assessee is allowed.
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