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2019 (11) TMI 521 - ITAT VISAKHAPATNAMPenalty u/s 271(1)(c) - non-striking of the irrelevant portion of the notice issued u/sec. 274 - whether the notice issued by the Assessing Officer dated 07/01/2009 is valid or not ? - HELD THAT:- Hon'ble High Court of Telangana & A.P. in the case of Smt. Baisetty Revathi [2017 (7) TMI 776 - ANDHRA PRADESH HIGH COURT] has considered the very same issue and held that non-striking of the irrelevant portion of the notice issued u/sec. 274 is invalid. The very same judgment has been followed by the coordinate bench of this tribunal in the case of Konchada Sreeram [2017 (11) TMI 1164 - ITAT VISAKHAPATNAM] . Therefore, respectfully following above referred to judicial precedents, we hold that the notice issued under section 274 read with section 271, dated 07/01/2009 is invalid and, therefore penalty order passed by the Assessing Officer, dated 26/02/2016 is hereby cancelled. Appeals filed by the assessees are allowed.
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