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2019 (7) TMI 1364 - ITAT AMRITSARPenalty u/s 271(1)(c) - non specification of charge - HELD THAT:- Bare perusal of the assessment order dated 28-03-2014, whereby the penalty proceedings have been imitated and notice dated 28-03-2014 issued u/s 274 apparently goes to prove that the AO initiated the penalty proceedings in the assessment order and issued the notice u/s 274/271(1)(c) without specifying whether the assessee has concealed '' the particulars of income" or the assessee has furnished " the inaccurate particulars of income", so as to provide adequate opportunity to the assessee to explain the show cause notice. Rather notice in this case has been issued in a stereotyped manner without applying any mind which is bad in law, hence is not a valid notice sufficient to impose penalty u/s 271(1)(c). Further the assessing officer while imposing the penalty also, used both the limbs by mentioning oblique such as " concealment of particulars of income/furnishing the particular of income", therefore it goes to prove that even the mind of the AO, while recording the satisfaction in Assessment Order, issuing the notice dated 28-03-2014 u/s 274 and while imposing the penalty as well, was indecisive and unclear under which limb, the penalty proceedings have to be initiated and under which limb the assessee had to reply in order to defend its case and under which limb the penalty warranted and supposed to be levied, therefore we are of the view that under these facts and circumstance, the penalty is not leviable as held by the various Courts including the Apex Court, hence, we have no hesitation to delete the penalty levied by the AO and affirmed by the CIT (A). - Decided in favour of assessee.
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