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2019 (6) TMI 295 - AT - Income TaxLevy of penalty u/s 271(1)(c) - Defective notice - non specification of charge - HELD THAT:- Notice issued by the A.O. for levy of penalty under section 271(1)(c) of the Act to be bad in law as it did not specify in which limb of Section 271(1)(c), 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. On this score itself, similar view is taken in the case of CIT vs. M/s. SSAs Emerald Meadows [2015 (11) TMI 1620 - KARNATAKA HIGH COURT] and this decision is confirmed by the Hon’ble Supreme Court [2016 (8) TMI 1145 - SC ORDER] Since the show cause notice is invalid due to the above reason and as such the entire penalty proceedings are vitiated. Thus, no penalty is leviable against the assessee. - Decided in favour of assessee.
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