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2019 (6) TMI 243 - AT - Income TaxLevy of penalty u/s 271(1)(c) - non specification of charge - HELD THAT:- Notice issued by the A.O. for levy of penalty u/s 271(1)(c) to be bad in law as it did not specify in which limb of Section 271(1)(c) of the Act, the penalty proceedings had been initiated i.e., whether for concealment of particulars of income or furnishing inaccurate particulars of income. The entire penalty proceedings are, therefore, vitiated and no penalty is leviable. See M/S SSA'S EMERALD MEADOWS [2016 (8) TMI 1145 - SC ORDER] Levy of penalty is invalid. Since the show cause notice is invalid due to the above reason and as such the entire penalty proceedings are vitiated. No penalty is leviable against the assessee. The decisions relied upon by the D.R. would not support the case of the Revenue, in view of the above, I set aside the Orders of the authorities below and cancel the penalty. - Decided in favour of assessee.
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