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2020 (12) TMI 252 - ITAT CHANDIGARHPenalty u/s 271(1)(c) - no approval from the Joint/Additional Commissioner of Income Tax taken before issuing notice - HELD THAT:- In the present case, no approval from the Joint/Additional Commissioner of Income Tax was sought, therefore the penalty levied by the A.O. was not justified. In the present case it appears that the penalty of ₹ 17,242/- was levied by the A.O. but the said penalty was different from the penalty under section 271(1)(c) to be levied. It is also relevant to point out that there is no provision under section 271(1)(c) of the Act to impose the penalty less than the 100% of the tax sought to be evaded and in the present case, this amount was at ₹ 25,051/-. As the penalty under section 271(1)(c) of the Act leviable without taking the approval from the Joint/Additional Commissioner of Income Tax, under section 271(1)(c) of the Act was not justified, accordingly the same is deleted. - Decided in favour of assessee.
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