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2019 (2) TMI 902 - AT - Income TaxPenalty levied u/s 271(1)(c) - non specification of charge - Held that:- AO issued notice dated 29/12/2009 which is also mentioned in the penalty order, in which he has not specified the limb for which penalty was initiated. Even in the assessment order, the AO did not mention as to under which limb of section 271(1)(c) the penalty had been initiated against the assessee. Therefore the show cause notice for levy of the penalty itself is invalid and bad in law and as such, the resultant proceedings get vitiated. Since the notice issued for initiating the penalty proceeding itself is not in accordance with law, therefore no penalty could be levied against assessee. We accordingly set aside the order of the authorities below and cancel the penalty. - Decided in favour of assessee.
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