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2016 (5) TMI 1577 - AT - Income TaxPenalty u/s 271(1)(c) - Defective notice - specific default/charge of the assessee - assessee submitted that the AO imposed penalty in a mechanical manner without due application of mind - HELD THAT:- The penalty is not imposable u/s 271(1)(c) of the Act for year under consideration and is liable to be quashed on the ground that the AO has failed to apply his mind before initiating the penalty proceedings and, therefore, the proceedings initiated are bad in law. As such, CIT(A) was not justified in sustaining the penalty imposed by the AO. Accordingly, the order of the ld. CIT(A) is set aside and penalty levied by the AO is cancelled. Appeal of assessee allowed.
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