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2019 (4) TMI 775 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice - inappropriate words are not deleted - non specifying whether the assessee has concealed "particulars of income" or assessee has furnished "inaccurate particulars of income" so as to provide adequate opportunity to the assessee to explain the show cause notice - HELD THAT:- The penalty provisions of section 27l(1)(c) are attracted where the assessee has concealed the particulars of income or furnished inaccurate particulars of such income. It is also a well-accepted proposition that the aforesaid two limbs of section 271(1)(c) of the Act carry different meanings. Therefore, it was imperative for the Assessing Officer to strike- off the irrelevant limb so as to make the assessee aware as to what is the charge made against him so that he can respond accordingly. The Hon'ble Karnataka High Court in the case of Manjunatha Cotton & Ginning Factory [2013 (7) TMI 620 - KARNATAKA HIGH COURT] observed that the levy of penalty has to be clear as to the limb under which it is being levied. Also see DILIP N. SHROFF VERSUS JOINT COMMISSIONER OF INCOME-TAX AND ANOTHER [2007 (5) TMI 198 - SUPREME COURT] - Decided in favour of assessee.
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