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2019 (12) TMI 1602 - ITAT AHMEDABADAddition u/s 271(1)(c) - Defective notice u/s 274 - whether the penalty is sustainable when the same has been initiated and levied without specifying the alleged guilt committed by the assessee either for “concealment of income” or furnishing of “inaccurate particulars of income”? - HELD THAT:- AO has not mentioned the specific charge in its penalty orders as to whether it was levied for concealment of income or for furnishing inaccurate particulars of income. No such definite finding is reflecting from the orders impugned before us. Therefore, in our considered view, the penalty levied by the AO and confirmed by the CIT (A) is not sustainable in the eye of law. The penalty is, thus, deleted. Hence, the ground of appeal of the assessee is allowed.
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