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2019 (10) TMI 131 - AT - Income TaxLevy of penalty u/s 271(1)(c) - defective notice - HELD THAT:- Notice issued u/s 274 r.w.s. 271(1)(c) of the Act dated 22.03.2016 is invalid, untenable and suffers from the infirmity of non application of mind by the Assessing Officer. We accordingly direct to delete the penalty of at ₹ 50,000/-, ₹ 2,10,000/- and,₹ 2,60,000/- for Assessment Years 2008-09, 2011-12 and 2013-14 respectively imposed u/s 271(1)(c) on this legal ground itself. We accordingly allow the additional ground raised by the assessee on the legality of the penalty proceedings initiated u/s 271(1)(c) of the Act. Since the issue of penalty u/s 271(1)(c) also has been dealt on the preliminary points other arguments of the assessee dealing with the merits of the levy of penalty are not been dealt with, as the same are rendered academic in nature and thus the appeal of the assessee for the Assessment Years 2008-09, 2011-12 & 2013-14 are partly allowed.
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