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2019 (12) TMI 445 - AT - Income TaxPenalty u/s 271(1)(c) - non-striking off of the irrelevant clause in the notice - addition u/s 68 being sum of money introduced in foreign bank account in HSBC Bank, Geneva - HELD THAT:- Hon'ble Supreme Court in the case of Dilip N. Shroff [2007 (5) TMI 198 - SUPREME COURT] the quasi-criminal proceedings u/s 271(1)(c) of the Act ought to comply with the principles of natural justice, and in the present case, considering the observations of the Assessing Officer in the assessment order alongside his action of non-striking off of the irrelevant clause in the notice shows that the charge being made against the assessee qua Sec. 271(1)(c) of the Act is not firm and, therefore, the proceedings suffer from non-compliance with principles of natural justice inasmuch as the Assessing Officer is himself unsure and assessee is not made aware as to which of the two limbs of Sec. 271(1)(c) of the Act he has to respond. Therefore, in view of the aforesaid discussion, in our view, the notice issued by the Assessing Officer u/s 274 r.w.s. 271(1)(c) of the Act dated 10.12.2010 is untenable as it suffers from the vice of non-application of mind - Decided in favour of assessee.
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