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2019 (5) TMI 295 - AT - Income TaxAdmission of additional legal ground raised by the assessee - HELD THAT:- As in the case of National Thermal Power Co. Ltd. Vs. CIT ( 1996 (12) TMI 7 - SUPREME COURT] has considered the issue and held that ‘where the tribunal is only required to consider a question of law arising from the facts which are on record in the assessment proceedings we fail to see why such a question should not be allowed to be raised when it is necessary to consider that question in order to correctly assess the tax liability of an assessee’. From the above, it is very clear that there is no fresh investigation on facts is required, the additional ground raised by the assessee has to be adjudicated - Additional ground raised by the assessee is admitted. Penalty u/s 271(1)(c) - defective notice - Whether the notice issued by the AO is valid or not? - HLD THAT:- From notice it is not clear whether Assessing Officer has initiated penalty proceedings for concealment of particulars of income or for furnished inaccurate particulars. Therefore, the notice issued by the Assessing Officer is a vague notice and is liable to be quashed in the light of the decision of the Hon'ble Jurisdictional High Court in the case of Smt. Baisetty Revathi [2017 (7) TMI 776 - ANDHRA PRADESH HIGH COURT] and also case of SSA’s Emerald Meadows [2016 (8) TMI 1145 - SUPREME COURT]. Also see KONCHADA SREERAM VERSUS INCOME TAX OFFICER, WARD-1 (1) , VISAKHAPATNAM [2017 (11) TMI 1164 - ITAT VISAKHAPATNAM] - Decided in favour of assessee.
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