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2022 (1) TMI 83 - ITAT MUMBAIPenalty u/s 271(1)(c) - defective notice u/s 274 - HELD THAT:- We find that the notice in this also is an omnibus show-cause notice as it does not strike off/delete the inappropriate/irrelevant/not applicable portion. Such a generic notice betrays a non-application of mind. Hence, the penalty levied pursuant to such a notice is not legally sustainable in law. Hence following case of MOHD. FARHAN A. SHAIKH [2021 (3) TMI 608 - BOMBAY HIGH COURT] we hold that the Assessing Officer was bereft of valid jurisdiction as the notice issued to assessee is unsustainable in law. As regards, the merit of issues in penalty, we find that a very small amount of addition has been finally sustained by ITAT on an estimate basis. The Ld. CIT(A) has erred in holding that huge additions are there. On the facts and circumstances, we are of the opinion that assessee cannot be visited with the rigors of penalty u/s. 271(1)(c). Hence, the penalty is liable to be deleted on merits also. Assessee appeal allowed.
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