2019 (5) TMI 28

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....ggarwal, Advocates For the Revenue : Smt. Rinku Singh, Sr. D.R. ORDER PER BHAVNESH SAINI, J.M. This appeal by Assessee has been directed against the Order of the Ld. CIT(A), Ghaziabad, Dated 29.06.2015, for the A.Y. 2008-2009, challenging the levy of penalty under section 271(1)(c) of the I.T. Act, 1961. 2. In this case, the assessee filed return of income declaring loss of Rs. 5.75....

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.... cause notice issued before levy of the penalty, in which A.O. has not mentioned anything as to for which limb of Section 271(1)(c) of the I.T. Act, penalty have been proposed against the assessee. He has also referred to show cause notice dated 27.12.2010 under section 274 read with section 271(1)(c) of the I.T. Act issued prior to levy of the penalty, in which the A.O. has stated as under : ....

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....ber, 2010 before levy of the penalty against the assessee. However, the A.O. in its show cause notice failed to specify in which limb of Section 271(1)(c) of the Act, the penalty proceedings had been initiated i.e., whether for concealment of particulars of income or furnishing inaccurate particulars of income, as rightly pointed-out by the Learned Counsel for the Assessee. The entire penalty p....