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2018 (10) TMI 125 - ITAT DELHIPenalty u/s. 271(1)(c) - non specification of charge - defective notice - Held that:- We find that the notice dated 15.10.2010 issued by the AO u/s. 274 read with Section 271 does not specify which limb of section 271 of the Act, the penalty proceedings had been proposed and levied i.e. whether for concealment of particulars of income or furnishing of inaccurate particulars, and the decisions of Karnataka High Court in CIT vs Manjunatha Cotton & Ginning Factory [2013 (7) TMI 620 - KARNATAKA HIGH COURT] and CIT & Anr. Vs. M/s SSA’s Emerald Meadows [2015 (11) TMI 1620 - KARNATAKA HIGH COURT] are applicable. We find it difficult to sustain the penalty levied and sustained by the authorities below. Therefore, the penalty in dispute is not sustainable in the eyes of law. We accordingly quash the penalty proceedings. Since the penalty has been quashed on the legal ground, there is no need to adjudicate the merits of the case. - Decided in favour of assessee
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