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2022 (10) TMI 896 - AT - Income TaxPenalty passed u/s 271(1)(c) - Non specification of charge - premise of defective and undetermined allegation - HELD THAT:- In the light of judgement rendered in “Dilip N Shroff [2007 (5) TMI 198 - SUPREME COURT] and “CIT Vs Samson Pericherry” [2017 (1) TMI 1292 - BOMBAY HIGH COURT] and recently in “Mohd. Farhan A. Shaikh Vs DCIT” [2021 (3) TMI 608 - BOMBAY HIGH COURT] we are on the considered view that, since the provision of section 271(1)(c) is calamitous, albeit commercial, consequences, and mandatory, hence brooks no trifling or dilution therewith, as a result in the instant case the SCN dt 22/03/2013 issued u/s 274 r.w.s. 271(1)(c) of the Act without specifying any limb or charge, is invalid and untenable in the eyes of law, consequently we set aside the first appellate order and quashed the order of penalty passed u/s 271(1)(c) of the Act, being bad in law - Appeal of the appellant assessee is allowed in terms of aforestated observation.
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