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The AO has to form his own opinion and record his satisfaction of concealment of income or furnishing of inaccurate particulars of income before initiating penalty proceedings u/s.271(1)(c) of the I.T.Act, 1961. It is also clear that such satisfaction of the AO must be spelt out in the order of assessment itself and cannot be assumed from the issue of a notice u/s.271(1)(c) of the Act.

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Section 271 of Income Tax Act, 1961—Penalty u/s 271(1)(c)— The only issue raised in this appeal is against the order of the CIT(A) confirming levy of penalty u/s 271(1)(c) levied by AO in respect to addition of bogus sundry creditors of 5,94,651/- and on the addition of agricultural income as income from other sources of 92,300/- and on addition of accrued interest on FD’s of 34,400/-.

Held that—ITAT find that no such satisfaction as contemplated u/s.271(1)(c) have been recorded by the Assessing Officer while completing the assessment that in which limbs, the issue is following. The Assessing Officer has simply mentioned that “penalty proceedings u/s.271(1)(c) are initiated separately”.

Respectfully following the decision of Hon’ble A.P. High Court in the case of V.V. Project and Investments P Ltd (supra) , I delete the penalty of Rs. 2,31,130/- levied by the Assessing Officer under section.271(1)(c) of the Act and allow the appeal of the assessee.[NATABAR NATH, GANDHI NAGAR, PO/DIST: KORAPUT. VERSUS ITO, JEYPORE WARD, JEYPORE] [2019] 12 ITCD Online (5) [ ITAT CUTTACK]

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