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    <title>2018 (2) TMI 45 - ITAT MUMBAI</title>
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    <description>Penalty under section 271(1)(c) was not sustainable where the assessee disclosed the reduction claim from book profit in the return, computation, audit report and accounts, and the revenue failed to show that any particulars furnished were false or incorrect. A mere unsustainable claim, without proof of concealment or inaccurate particulars, did not justify penalty. The penalty proceedings were also vitiated because the section 274 notice in standard form did not specify whether the charge was concealment of income or furnishing of inaccurate particulars. As the two limbs are distinct and the assessee was not clearly informed of the exact allegation, the notice offended natural justice and the penalty could not survive.</description>
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      <link>https://www.taxtmi.com/caselaws?id=354624</link>
      <description>Penalty under section 271(1)(c) was not sustainable where the assessee disclosed the reduction claim from book profit in the return, computation, audit report and accounts, and the revenue failed to show that any particulars furnished were false or incorrect. A mere unsustainable claim, without proof of concealment or inaccurate particulars, did not justify penalty. The penalty proceedings were also vitiated because the section 274 notice in standard form did not specify whether the charge was concealment of income or furnishing of inaccurate particulars. As the two limbs are distinct and the assessee was not clearly informed of the exact allegation, the notice offended natural justice and the penalty could not survive.</description>
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