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In favour of assessee.The show cause notice issued in the present case u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income. The show cause notice u/s 274 of the Act does not strike out the inappropriate words. In these circumstances, we are of the view that imposition of penalty cannot be sustained.

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Sec. 271(1 )(c) of Income Tax Act, 1961 – Penalty - The show cause notice issued in the present case u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income. The show cause notice u/s 274 of the Act does not strike out the inappropriate words. Thus, imposition of penalty cannot be sustained. The appeal of assessee is allowed.—SHRI BISHNU CHANDRA DUTTA vs. ITO.[2020] 26 ITCD Online 012 (ITAT-GUWAHATI)

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