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2023 (4) TMI 750 - HC - Income TaxLevying penalty u/s 273(2)(aa) or u/s 273(2)(a) - Section mentioned in the assessment order of the first notice issued under Section 273(2)(a) while actual charge by subsequent notice issued under Section 273(2)(aa) - HELD THAT:- Tribunal observed that the penalty was imposed after allowing proper opportunity to the assessee with respect to specific default under Section 273(2)(aa). Tribunal held that the mistake in mentioning wrong section in the assessment order and the first notice was only of a clerical nature which was subsequently rectified. Senior Manager, Taxation had given an affidavit and tendered unconditional apology before the Court and his apology was accepted. Tribunal held that the penalty had been imposed by the Assessing Officer after due application of mind and on the technical ground and that the initial notice given under Section 273(2)(a) cannot be made a ground for quashing the penalty levied under Section 273(2)(aa). CIT(A) had rightly set aside the order and directed the Assessing Officer to recompute the penalty @ 10% of the difference in tax by taking the assessed income. No substantial question of law arises for consideration in the present appeal and the same is dismissed.
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