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observed that the show cause notice issued in the presentcaseu/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. The plea of the ld. Counsel for the assessee which is based on the decisions referred to in the earlier part of this order has to be accepted. We therefore hold that imposition of penalty in the presentcasecannot be sustained and the same is directed to be cancelled.” 7. Respectfully following the aforesaid order of the coordinate bench of this Tribunal, we, therefore, sustain the deletion of penalty by the Ld. CIT(A) on the reason of invalid notice before imposing penalty and, therefore, the appeal of revenue is dismissed.

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. In these circumstances, ITAT sustained the deletion of penalty by the CIT(A) on the reason of invalid notice before imposing penalty and, therefore, the appeal of revenue is dismissed. - JT. CIT V/s WEBSOL ENERGY SYSTEMS PVT. LTD. - [2020] 23 ITCD Online 134 (ITAT-KOLKATA)