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2018 (4) TMI 241 - AT - Income TaxImposition of penalty imposed u/s 271(1)(c) - concealment of particulars of income or for furnishing of inaccurate particulars of income - non specification of charge - Held that:- AO is required to specify which limb of Section 271 (1)(c) the penalty proceedings had been initiated, i.e., whether for concealment of particulars of income or for furnishing of inaccurate particulars of income. From the perusal of the notices, in the case of both the assessee, issued u/s 274 r.w.s. 271 of the Act, it is clear that the AO has not specified as to under which limb of the section the penalty was imposable. The notices, in fact, are in the standard pro forma wherein the irrelevant clauses have not been struck off. This indicates non application of mind on the part of the AO while issuing the penalty notices. The penalty proceedings initiated by the Assessing Officer are bad in law and deserve to be deleted. Accordingly, the impugned orders are set aside and the AO is directed to delete the penalty in both the cases. - Decided in favour of the assessee
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