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2021 (9) TMI 399 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice - non specification of charge - disallowance of interest which has been accepted by the assessee in quantum order - HELD THAT:- We find that the notice in this also is an omnibus show-cause notice as it does not strike off/delete the inappropriate/irrelevant/not applicable portion. Such a generic notice betrays a non-application of mind. Hence, the penalty levied pursuant to such a notice is not legally sustainable in law. Hence as per MR. MOHD. FARHAN A. SHAIKH [2021 (3) TMI 608 - BOMBAY HIGH COURT] we hold that the AO was bereft of valid jurisdiction as the notice issued to assessee is unsustainable in law. Hence, the penalty levied under section 271(1)(c) of the Act is liable to be deleted. Since we have held that the penalty order is liable to be quashed for lack of a valid notice. - Decided in favour of assessee.
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