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2017 (8) TMI 368 - AT - Income TaxLevy of penalty u/s. 271(1)(c) - non application of mind by AO - Held that:- The notice issued by the Assessing Officer u/s 274 r.w.s. 271(1)(c) of the Act dated 10.12.2010 is untenable as it suffers from the vice of non-application of mind having regard to the ratio of the judgment of the Hon'ble Supreme Court in the case of Dilip N. Shroff (2007 (5) TMI 198 - SUPREME Court) as well as the judgment of the Hon'ble Bombay High Court in the case of Shri Samson Perinchery (2017 (1) TMI 1292 - BOMBAY HIGH COURT). Thus, on this count itself the penalty imposed u/s 271(1)(c) of the Act is liable to be deleted. - Decided in favour of assessee.
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