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2018 (10) TMI 1707 - HC - Income TaxPenalty u/s 271AAB or 271AAA - notice under section 271AAB was issued by the Assessing Officer though after the assessment was completed - corrigendum issued stating that Section 271AAA should be read as Section 271AAB - HELD THAT:- Even if the Tribunal has provided on the wrong basis assuming incorrectly that a separate notice under section 271AAB was issued, the petitioner cannot argue, in facts of the present case, that the entire proceedings were vitiated. This is so for the reason that admittedly the Assessing Officer, after having initially issued notice under section 271AAA, shortly issued corrigendum correcting the reference to the statutory provision as 271AAB. This was thus a case of pure correction of typographical error. The petitioner cannot argue that no valid notice under the law was issued. Concededly such correction also took-place long before the penalty proceedings proceeded further and culminated into the order of penalty imposed by the Assessing Officer after giving full opportunity of defending to the assessee. We are however inclined to examine the assessee's second contention regarding prior sanction. In this respect also, our inquiry would be whether initial notice though erroneously titled as one under section 271AAA of the Act was proceeded by sanction - Notice for final disposal returnable on 26.11.2018.
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