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2019 (7) TMI 1027 - AT - Income TaxLevy of penalty u/s 271(1)(c) - defective notice without striking irrelevant columns in the notice in the pre-printed proforma - HELD THAT:- In the instant case, the AO initiated penalty by issue of defective notice without striking irrelevant columns in the notice in the pre-printed proforma thus causing ambiguity to the assessee for which act of the assessee the AO sought explanation whether it is for concealment of income or for furnishing inaccurate particulars. It is settled issue by Hon’ble High Court of Andhra Pradesh SMT. BAISETTY REVATHI [2017 (7) TMI 776 - ANDHRA PRADESH HIGH] that the penalty proceedings initiated without indicating the specific charge is invalid. The Ld.CIT(A) considered the decision of jurisdictional High Court and the decision of this Tribunal and held that the initiation of penalty proceedings are invalid and accordingly cancelled the penalty There is no dispute that in the instant case, the AO had initiated the penalty without striking irrelevant columns and created ambiguity with regard to which act of the assessee, penalty was initiated whether for concealment of income or for furnishing inaccurate particulars. The case laws relied upon by the Ld.CIT(A) are squarely covered in favour of the assessee and against the revenue
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