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2019 (7) TMI 935 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice - absence of any specific mention in the show-cause notice regarding guilty of having “furnished inaccurate particulars of income” or of having “concealed particulars of such income” - HELD THAT:- Notice issued under section 271(1)(c) without specifying which of the two contraventions, the assessee is guilty of was defective and the penalty imposed in pursuance of such defective notice was not sustainable. To arrive at this conclusion, Hon’ble Calcutta High Court relied on the decision of Amrit Foods –vs.- Commissioner of Central Excise UP [2005 (10) TMI 96 - SUPREME COURT] as well as their own decision in the case of Principal CIT –vs. Dr. Murari Mohan Koley [2018 (9) TMI 1 - CALCUTTA HIGH COURT] The issue raised by the assessee in this appeal thus is squarely covered by the said judicial pronouncements - Decided in favour of assessee.
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