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2019 (4) TMI 100 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice - non striking of inappropriate words in the penalty notice - Non specification of charge - addition u/s 68 on account of share capital receipt from different persons and an amount being commission paid for arranging the accommodation entries - HELD THAT:- The notice issued u/s 274 r.w.s. 271 (1) (c) of the IT Act that the inappropriate words in the said notice have not been struck of. I find the coordinate bench of the Tribunal in the case of Sanjay Mitra Vs. DCIT [2018 (10) TMI 132 - ITAT DELHI] has decided an identical issue and the penalty so levied by the Assessing officer and upheld by the CIT(A) has been deleted. Notice does not specify as to under which limb of the provisions, the penalty u/s 271 (1) (c ) have been initiated thus penalty levied u/s 271 (1) (c ) is not sustainable and has to be deleted. - Decided in favour of assessee.
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