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2019 (4) TMI 619 - AT - Income TaxPenalty u/s 271(1)(c) - non specific finding - AO used expression or in between the concealment of income/furnishing inaccurate particulars - HELD THAT:- In the case of Snita Transport P.Ltd. [2012 (12) TMI 981 - HIGH COURT OF GUJARAT] as observed that while issuing notice under section 271(1)(c) r.w.s. 274 provide an opportunity to explain as to why penalty be not imposed. If an Assessing Officer used expression or in between the concealment of income/furnishing inaccurate particulars, then that show cause notice be not fatal to the proceedings, but while visiting the assessee with penalty the ld.AO ought to have recorded a specific finding, for which breach, he has visited the assessee with penalty i.e. whether he has visited the assessee with penalty for concealment of income or furnishing inaccurate particulars of income. In the penalty order he cannot use both the expression. As AO was not specific in his finding for which he has visited the assessee with penalty we allow this appeal of the assessee and quash the penalty order. - Decided in favour of assessee
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