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The only issue in this appeal of assessee is against the order of CIT(A) confirming the action of the AO in levying the penalty under section 271(1)(c) & 271AAB of the Act. The assessee has challenged two issues, the first issue is on jurisdiction (i) whether the penalty levied by the AO under section 271AAB of the Act is valid as the initiation of penalty was under section 271(1)(c) of the Act by issuance of notice under section 274read with section 271(1)(c) of the Act dated 30.03.2015 (ii) the second issue is on merits is as regards to the levy of penalty under section 271AAB

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Sec. 271AAB of Income tax Act, 1961— Penalty— The definition provided in section 271AAB under Explanation (c) of undisclosed income sub-clause (ii) clarifies that any income of the specified previous year represented either wholly or partly by any entry represented in respect of expense recorded in the books of accounts maintained in the normal course of business should found to be false or would not have been found to be so had the search not being conducted and it was noted that the expenses have not been found to be false or it is not a case of the Revenue that such expenses are not allowable under the provisions of the Act, thus, penalty deleted as for levy of penalty falsity of the expense is a pre-requisite under the provision which was absent - - AJANTA PHARMA LIMITED V/s DEPUTY CIT - [2020] 77 ITR (TRIB) 555 (ITAT-MUMBAI)

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