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Penalty proceeding was initiated under section 271(1)(c) by the Ld. AO for furnishing inaccurate particulars of income by claiming excess long-term capital loss which was otherwise not entitled. Finally the penalty proceeding was concluded by imposition of penalty of Rs. 4,07,761/- under section 271(1)(c) of the Act on the committed default on account of furnishing of inaccurate particulars of income/thereby leading to concealment. The same was, in turn, confirmed by the First Appellate Authority. Hence, the assessee is before Tribunal.

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Sec. 271(1)(c) of Income Tax Act, 1961— Penalty — It is apparent on the face of order and AO has not mentioned the specific charge in its penalty order whether it was levied for concealment of income or for furnishing inaccurate particulars of income by the assessee, in that view of the matter, the penalty levied by the AO and confirmed by the learned CIT (A) is not sustainable in the eye of law - SHRI KASTURCHAND POPATLAL V/s ITO - [2020] 27 ITCD Online 066 (ITAT-AHMEDABAD)

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