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2018 (5) TMI 1924 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice - non-striking off the irrelevant charge - HELD THAT:- The issue involved in the present case is also covered by the order of a coordinate bench of the Tribunal in the case of Meherjee Cassinath Holdings Pvt. Ltd. Vs. ACIT, Circle 4(2), Mumbai [2017 (5) TMI 904 - ITAT MUMBAI] wherein the Tribunal after deliberating at length on the issue under consideration in the backdrop of various judicial pronouncements, had concluded that the non-striking off the irrelevant charge in the notice clearly reflects the non application of mind by the A.O, and would resultantly render the order passed under Sec. 271(1)(c) as invalid and void ab initio. We thus, without prejudice to our observations on non-maintainability of the penalty imposed by the A.O under Sec. 271(1)(c) on merits, also vacate the same for the reason that even otherwise as he had failed to strike off the irrelevant default in the ‘SCN’ issued to the assessee, hence there is a clear absence of valid assumption of jurisdiction on his part. The order passed by the CIT(A) is set aside and penalty imposed under Sec. 271(1)(c) is vacated. - Decided in favour of assessee.
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