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2019 (10) TMI 1176 - ITAT JAIPURLevy of penalty u/s 271(1)(c) - Non specification of charge - HELD THAT:- Penalty proceedings have been initiated during the course of assessment proceedings and the show cause notice issued by the Assessing Officer u/s 274 read with 271(1)(c). Show-cause notice dated 31.12.2010 has initiated the penalty proceedings “for concealed the particulars of income or furnished inaccurate particulars of such income” and subsequently, while passing the penalty order, the AO has levied penalty for furnishing inaccurate particulars of income. We therefore find that though the AO has not initiated the penalty on a specific charge, however, while levying the penalty, the Assessing officer has levied the penalty for furnishing of inaccurate particulars of income. At the same time, it is also noted on perusal of the penalty order that the finding so given is not specific to three separate disallowances and the AO has merely gone by the order of the Tribunal in the quantum proceedings where additions have been sustained and has not given any specific finding as to how the disallowances so made and sustained results in furnishing of inaccurate particulars of income. In case of Shweta construction [2016 (12) TMI 1603 - RAJASTHAN HIGH COURT] has held that the Assessing officer has to give a specific notice while initiating the penalty proceedings itself. In the instant case, the show-cause notice is not specific as to the charge for levy of penalty which shows non-application of mind by the Assessing officer and hence, respectfully following the decision of the Hon’ble Rajasthan High Court, the consequent penalty order cannot be sustained. In the result, the penalty so levied by the Assessing officer is directed to be deleted. - Decided in favour of assessee.
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