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2022 (10) TMI 987 - HC - Income TaxPenalty u/s 271(1)(c) - Defective notice u/s 274 - As argued non striking off the “inaccurate particular of income” portion in the notice under section 274 - HELD THAT:- On facts it is found that the assessee’s aim to offer interest income on income tax refund was an inadvertent and bona fide error and no contumacious conduct has been established by the assessing officer. The revenue filed appeal before the Tribunal. The Tribunal after considering the correctness of the order passed by the CIT also found that notice issued by the assessing officer under Section 271(1)(c) of the Act was defective, inasmuch as the irrelevant portion of the notice has not been struck off. Therefore, the assessee did not have adequate opportunity to put forward their submission in response to the penalty notice. The learned Senior Counsel had referred to the decision of this Court in the case of Principal CIT, Central - 2 Kolkata Vs. Brijendra Kumar Poddar [2021 (12) TMI 24 - CALCUTTA HIGH COURT] where the Court took into consideration the decision in the case of CIT Vs. MANJUNATHA COTTON & GINNING FACTORY [2013 (7) TMI 620 - KARNATAKA HIGH COURT] and dismissed the appeal filed by the revenue. Thus we find that the correct legal position has not been noted by the CIT but the learned Tribunal as well. No substantial question arising for consideration in this appeal.
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