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2022 (10) TMI 412 - ITAT JAIPURPenalty levied u/s 271AAB - Necessity to mention specific charge or limb as specified in clauses (a), (b) or (c) of section 271AAB under which the penalty proceeding - HELD THAT:- As evident from the show-cause notice issued under section 274 read with section 271AAB that the Assessing Officer was not clear as to on what precise charge the appellant was asked to show cause, whether the assessee shall pay by way of penalty under clauses (a), (b) or (c) of section 271AAB. The Assessing Officer has just mentioned "deliberately concealed the true income". Assessing Officer without mentioning specific default of the assessee in terms of clauses (a), (b) or (c) of section 271AAB of the Act, the show-cause notice issued in routine manner cannot be considered a valid notice in the eyes of law and accordingly the levy of penalty against the assessee is held to be void ab initio. Appeal of assessee allowed.
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