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2021 (5) TMI 588 - AT - Income TaxPenalty u/s.271(1)(c) - Defective notice - addition towards loss on sale of car - case of the assessee is that the AO did not strike off the irrelevant limb in the notice issued u/s.274 r.w.s. 271(1)(c) - HELD THAT:- It is clear that where the charge is not properly set out in the notice u/s 274 viz., both the limbs stand therein without striking off of the inapplicable limb, but the penalty has, in fact, been levied for one of the two, such a penalty order gets vitiated. See MR. MOHD. FARHAN A. SHAIKH [2021 (3) TMI 608 - BOMBAY HIGH COURT] and GOLDEN PEACE HOTELS AND RESORTS PVT. LTD. [2020 (2) TMI 333 - BOMBAY HIGH COURT] Turning to the facts of the extant cases, we find from the notices u/s 274 of the Act that the AO did not strike out the irrelevant limb there from - Decided in favour of assessee.
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