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2019 (6) TMI 243

..... ion 271(1)(c) of the Act, the penalty proceedings had been initiated i.e., whether for concealment of particulars of income or furnishing inaccurate particulars of income. The entire penalty proceedings are, therefore, vitiated and no penalty is leviable. See M/S SSA'S EMERALD MEADOWS [2016 (8) TMI 1145 - SC ORDER] Levy of penalty is invalid. Since the show cause notice is invalid due to the a .....

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..... used the findings of the authorities below. 3. The Learned Counsel for the Assessee, at the outset, submitted that the A.O. in the show cause notice Dated 30.12.2011 did not specify as to for which charge penalty could be levied against the assessee. Since the notice itself is invalid, therefore, no penalty is leviable against the assessee. He has further submitted that the A.O. in the penalty Ord .....

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..... nder section 271(1)(c) of the I.T. Act, 1961, Dated 30.12.2011 in which the A.O. has mentioned as under : Have concealed the particulars of your income or furnished inaccurate particulars of such income in terms of Explanation 1, 2, 3, 4 & 5. 5.1. These facts, therefore, clearly show 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 di .....

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..... proceedings for furnishing inaccurate particulars of income. However, levied the penalty for concealing the particulars of income. In the show cause notice issued before levy of the penalty, both the limbs of section 271(1)(c) of the Income Tax Act have been mentioned. Therefore, the notice is invalid and bad in Law, which resulted into vitiating the entire penalty proceedings. The satisfaction o .....

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