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2011 (9) TMI 155 - ITAT DELHILevy of penalty u/s 271D - Delay in submission of some documentation. - Failure to maintain necessary documents prescribed under Rule 10D read with section 92D(3) of the Income-tax Act. - CIT (A) concluded that penalty is uncalled for. - In the penalty order passed by the AO, there is nothing to suggest as to which particular information or document was submitted by the assessee belatedly nor the exact nature of default has been brought out. In these circumstances, we are of the opinion that above mentioned notice cannot be treated as valid and legal to justify application of provision u/s 271G of the Act and levy of penalty of Rs. 22,20,100/-. The omnibus notice issued without application of mind and without considering documents already placed by the assessee and without considering as to which specific clause of sub-rule (1) or other sub rules was attracted or which relevant information was needed in this case, cannot be treated as a valid notice for the purpose of sec. 271G of the Act. - Held that:- in the light of view taken in Cargil India Private Ltd (2008 -TMI - 64345 - ITAT DELHI-C ), especially when the Revenue have not placed before us any material controverting the aforesaid findings of learned CIT(A) so as to enable us to take a different view in the matter, we are not inclined to interfere.
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