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2020 (11) TMI 929 - ITAT DELHIPenalty u/s 271(1)(c) - defective notice u/s 274 - non striking of irrelevant words in notice - Addition u/s 68 - HELD THAT:- In notice, irrelevant words in the penalty notice have not been struck of and, thus, the notice does not specify as to under which the limb of section 271(1)(c) was the penalty being proposed to imposed. Right from the assessment proceedings, AO has been inconsistent in his approach regarding the imposition of penalty. In the assessment order AO has recorded satisfaction for imposition penalty for furnishing of inaccurate particulars of income whereas in the notice dated 03.03.2014 issued u/s 274 penalty proceedings have been initiated for concealing particulars of income/furnishing inaccurate particulars. In the penalty order, the penalty has been imposed for furnishing inaccurate particulars of the income as the assessee could not prove that there was no concealment. In the penalty order, the penalty is ultimately imposed for concealing/furnishing inaccurate particulars of income. Thus, apparently the assessee was not made aware of the charge for which the penalty was being proposed to be imposed and was finally imposed. See M/S MANJUNATHA COTTON AND GINNING FACTORY & OTHS., M/S. V.S. LAD & SONS, [2013 (7) TMI 620 - KARNATAKA HIGH COURT] - Decided in favour of assessee.
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