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2021 (6) TMI 695 - AT - Income TaxPenalty u/ s 271 (1) (c) - Defective notice u/s 274 - violation of the mandatory requirement of law - Interest from FDR with the Bank and the income from Rasleela - HELD THAT:- It is a matter of fact that the assessing officer had issued the notice, without specifically mentioning the provision in which the penalty was sought to be imposed by the assessing officer. Though recently we have passed the decision in the matter of Fairyland v/s DCIT [2021 (3) TMI 558 - ITAT AGRA] wherein we had held that it is the duty of the assessee to demonstrate what prejudice has been caused by non-specific show cause notice and had confirmed the penalty. It is abundantly clear from the reading of the decision of the full bench in the matter of Farhan [2021 (3) TMI 608 - BOMBAY HIGH COURT] that in case of non-specific notices issued by the assessing officer, it will be violation of the mandatory requirement of law and the doctrine of prejudice cannot be invoked,, hence the penalty order which provided on non-specific notice is required to be struck down. - Decided in favour of assessee.
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