Penalty order gets vitiated if AO not strikes irrelevant limbs in section 274 notice

Vijay Mohan Harde Vs ACIT (ITAT Pune)

A copy of the notice issued u/s 274 of the Act has been placed in the appeal folder, from which it is discernible that the AO did not strike off either of the two limbs viz., concealed the particulars of income or furnished inaccurate particulars of such income, albeit it was a case of furnishing of inaccurate particulars of income. The penalty order also came to be passed by holding in para 6.5 that: `the amount added or disallowed in computing the total income of the assessee as a resu

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