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2017 (10) TMI 44 - ITAT MUMBAIPenalty levied u/s 271(1)(c) - non mentioning of specific charge - Concealment of particular of income OR furnishing of inaccurate particulars of income Held that:- AO is satisfied that the assessee has concealed the particulars of income or furnished inaccurate particulars of income. The concealment of particulars of income and filing inaccurate particulars referred in section 271(1)(c) of the Act denote different connotations. This distinction was discussed by Hon’ble Apex Court in case of Dilip N. Shroff (2007 (5) TMI 198 - SUPREME Court) and in case and in case of T. Ashok Pai (2007 (5) TMI 199 - SUPREME Court) werein held that, if two expression i.e. concealment of particular of income and furnishing of inaccurate particulars of income have to different connotations, it is imperative for the assessee, that assessee be made aware of as to which of one action is being initiated against him for levy of penalty u/s. 271(1)(c) of the Act. The assessee has placed on record copy of notice u/s 274 r.w.s. 271(1)(c) of the Act dated 26.11.2007. The notice was issued by AO on a standard format, without striking out irrelevant clause therein. The said notice referred to both limbs of section 271(1)(c) of the Act. Thus, there was no clarity in mind of AO as to which charge is being proposed/initiated against the assessee. This infirmity in the notice was sought to be demonstrated as reflection of non-application of mind by ld. AR of the assessee - Decided in favour of assessee.
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