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2019 (6) TMI 1096 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice - notice initiating the penalty proceedings did not specify clearly as to whether the penalty proceedings were initiated for concealment of particulars of income or for furnishing inaccurate particulars of income - admission of additional ground - HELD THAT:- There is no fresh investigation on facts is required, the additional ground raised by the assessee has to be adjudicated, hence, the same has to be admitted by following the judgment in the case of National Thermal Power Co. Ltd. [1996 (12) TMI 7 - SUPREME COURT] the additional ground raised by the assessee is admitted. Validity of the notice - from the reference to 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 Smt. Baisetty Revathi [2017 (7) TMI 776 - ANDHRA PRADESH HIGH COURT] and also the decision of SSA’s Emerald Meadows [2016 (8) TMI 1145 - SC ORDER] . - Decided in favour of assessee.
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