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2018 (5) TMI 1773

Levy of penalty u/s 271(1)(c) - non specification of charge - defective notice - Held that:- Notice issued by the A.O. for levy of penalty under section 271(1)(c) of the Act to be bad in law as it did not specify in which limb of Section 271(1)(c) of .....

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I BHAVNESH SAINI, J.M. & SHRI L.P. SAHU, A.M. For Assessee : Shri Suresh Kumar Gupta, C.A. For Revenue : Shri Ravi Kant Gupta, Sr. D.R. ORDER PER BHAVNESH SAINI, J.M. This appeal by assessee has been directed against the order of the Ld. CIT(A)-3 .....

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below. 4. After considering the rival submissions, we are of the view that penalty is not leviable in the matter. The A.O. issued show cause notice dated 28th March, 2013 before levy of the penalty against the assessee in which the A.O. has recorded .....

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of income. The entire penalty proceedings are, therefore, vitiated and no penalty is leviable. On this score itself similar view is taken by Hon ble Karnataka High Court in the case of CIT vs. M/s. SSAs Emerald Meadows 73 taxmann.com 241. This decisi .....

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