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2018 (8) TMI 1758 - ITAT AHMEDABADLevy of penalty u/s 271(1)(c) - addition u/s 69C in respect of expenditure on purchase and stitching of clothes - Defective notice - ‘satisfaction’ of the AO - Held that:- As decided in the case of Kantibhai Naranbhai Prajapati [2018 (2) TMI 1823 - ITAT AHMEDABAD] penalty has been confirmed on a different premise and the original satisfaction for imposition of penalty has been altered or modified by the appellate authority. In such circumstances, where the original basis of imposition of penalty has been altered in a significant way by the first appellate authority, the very basis for sustaining the penalty is rendered non-existent. The imposition of penalty is solely dependent upon the ‘satisfaction’ of the AO [unless initiated by CIT(A)] and non-else. The ground for action by AO was allegation of ‘concealment’. This ground has been substituted by CIT(A) to ‘furnishing inaccurate particulars of income’ while confirming the penalty quantified by the AO. - Decided in favour of assessee.
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