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2020 (6) TMI 175 - AT - Income TaxPenalty u/s. 271(1 )(c) - Defective notice - non specification of charge - no mention of specific fault/charge as to whether ‘assessee had concealed the particulars of his income’ or ‘furnished inaccurate particulars of such income' - HELD THAT:- We note that the AO has not stricken out the irrelevant portion of the fault/charge which would have spelt out the specific fault/charge against the assessee. According to the Ld. Counsel, since the proposed notice itself is a defective, all subsequent proceedings are bad in law and the penalty imposed by the AO u/s. 271(1)(c) of the Act and confirmed by the Ld. CIT(A) should be cancelled.' As decided in JEETMAL CHORARIA VERSUS A.C.I.T., CIRCLE-43, [2017 (12) TMI 883 - ITAT, KOLKATA] show cause notice u/s 274 of the Act does not strike out the inappropriate words.show cause notice issued in the present case u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income. In these circumstances, we are of the view that imposition of penalty cannot be sustained. - Decided in favour of assessee.
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