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2018 (4) TMI 1420 - ITAT MUMBAI
Penalty levied u/s. 271(1)(c) - defective notice - non specification of charge - non striking off one of the limbs - Held that:- The notice issued by the Assessing Officer u/s. 274 r.w.s. 271(1)(c) of the Act is on account of non-application of mind and therefore on this account itself the penalty imposed u/s.271(1)(c) is liable to be deleted. Thus, we direct the Assessing Officer to delete the penalty levied u/s.271(1)(c) of the Act. See Meherjee Cassinath Holdings v. ACIT [2017 (5) TMI 904 - ITAT MUMBAI] - Decided in favour of assessee