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2021 (9) TMI 82 - AT - Income TaxPenalty u/s 271(1)(c) - non specification of charge - As per CIT-A assessee has deliberately furnished inaccurate particulars of income with an intention to evade tax and consequently the levy of penalty - HELD THAT:- As held in CIT v. Samson Perinchery [2017 (1) TMI 1292 - BOMBAY HIGH COURT], the order of imposition of penalty has to be made only on the ground of which the penalty proceedings has been initiated and it cannot be on a fresh ground of which the assessee has no notice - where the AO initiated penalty proceedings u/s. 271(1)(c) of the Act for furnishing inaccurate particulars of income, the order imposing penalty for concealment of income was not valid. In the present case, the penalty was initiated for furnishing inaccurate particulars of income, however penalty is levied by the AO for concealment of income - CIT(Appeals) confirmed the penalty on the reason of furnishing inaccurate particulars of income - there is a defect in issue of notice and levy of penalty by the AO and confirmation of penalty by the CIT(Appeals), which invalidates the levy of penalty u/s. 271(1)(c) - Decided in favour of assessee.
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