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2016 (6) TMI 1383 - ITAT JAIPURPenalty u/s 271(1)(c) - bogus/non genuine agricultural income - HELD THAT:- In absence of any specific charge, the assessee does not get proper opportunity to defend its case and violate the principles of natural justice. The Hon’ble Karnataka High Court in the case of CIT Vs M/s Manjunath Cotton & Ginning Factory & Ors. [2013 (7) TMI 620 - KARNATAKA HIGH COURT] has held that sending printed form where all the grounds mentioned in section 271 are mentioned would not satisfy the requirement of law. The assessee should know the ground which he has to meet specifically, otherwise, the principle of natural justice is offended on the basis of such proceedings, no penalty could be imposed to the assessee. Ticking of the penalty proceedings on one limb and finding the assessee guilty of another limb is bad in law. Penalty imposed by the ld Assessing Officer confirmed by the ld CIT(A) is not justified. Accordingly, we allow the assessee’s appeal.
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