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2019 (6) TMI 1257 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice - penalty notice have been issued without striking off one of the twin charges for levy of the penalty - HELD THAT:- As held by the Hon'ble Supreme Court in CIT Vs. SSA Emerald Meadows [2016 (8) TMI 1145 - SC ORDER] wherein, it has been held that notice issued by the ld AO u/s 274 read with section 271(1)(c) is bad in law as it did not specified as to which limb of that section the penalty proceedings have been initiated. Respectfully following the decisions of the coordinate bench in case of sister concern of the assessee, we cancel the penalty as none of the charges of the twin charges were struck off. Accordingly, additional grounds raised by the assessee are allowed and appeal of the assessee succeeds on this ground. As we have quashed the penalty on the issue of validity of notice, other, issues in the appeal becomes academic. Accordingly, appeal of the assessee is allowed quashing penalty levied u/s 271(1)(c) - Appeal of the assessee is allowed.
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