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2020 (12) TMI 494 - ITAT HYDERABADPenalty u/s.271(1)(c) - Defective notice - AO not mentioned in which limb the penalty - HELD THAT:- Assessment order was passed ex-parte and the CIT(A) and the AO have not mentioned any reason for initiating the penalty u/s.271(1)(c) - as seen from the copy of the notice issued u/s.274 r.w.s.271(1)(c) of the Act, the AO has not struck-off the irrelevant portion in the notice i.e., whether the penalty is being levied for concealment of income or for furnishing of inaccurate particulars or for both. In view of the same, respectfully following the decision of the Hon'ble Supreme Court in the case of CIT Vs. SSA’s Emerald Meadows [2016 (8) TMI 1145 - SC ORDER] and case of Pr.CIT Vs. Baisetty Revathi [2017 (7) TMI 776 - ANDHRA PRADESH HIGH COURT] the penalty order passed by the AO is set aside. Accordingly, the appeal of assessee is allowed.
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