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2021 (11) TMI 965 - ITAT MUMBAIPenalty levied u/s. 271(1)(c) - defective notice u/s 274 - assessee stated that the penalty order is bad in law as penalty proceedings were initiated and penalty was levied without specifying the exact limb of section u/s.271(1)(c) - HELD THAT:- On a perusal of the notice issued u/s. 274 r.w.s. 271(1)(c) of the Act we observe that the Assessing Officer has not specified any limb for which the notice was issued i.e., either for concealment of particulars of income or for furnishing inaccurate particulars of such income. Assessing Officer did not strike off irrelevant limb in the notice and specifying the charge for which notice was issued. Case of MR. MOHD. FARHAN A. SHAIKH [2021 (3) TMI 608 - BOMBAY HIGH COURT] squarely applies to the facts of the assessee’s case as the notice u/s. 274 r.w.s. 271(1)(c) of the Act was issued mechanically in a printed format without striking off the irrelevant portion of the limb and failed to intimate the assessee the relevant limb and charge for which the notice was issued. Thus, respectfully following the said decision we hold that the penalty order passed u/s. 271(1)(c) of the Act by the Assessing Officer is bad in law and accordingly the penalty order passed u/s. 271(1)(c) of the Act is quashed - Decided in favour of assessee.
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