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2024 (3) TMI 1097 - ITAT PUNEPenalty u/sec. 270A - defective notice u/s 274 - non specifying the relevant limb at the time of initiation of penalty - HELD THAT:- It has duly come on record in light of the AO’s corresponding twin identical show cause notices that he had not specified the corresponding limb u/sec. 270A(8) read with sub-section(9) thereof as was held in various judicial pronouncements G.R. Infraprojects Ltd. [2024 (1) TMI 163 - RAJASTHAN HIGH COURT], Schneider Electric South East Asia (HQ) PTE Ltd. [2022 (3) TMI 1295 - DELHI HIGH COURT] and Prem Brothers Infrastructure LLP vs. NFAC [2022 (6) TMI 130 - DELHI HIGH COURT] We further wish to draw support from hon’ble jurisdictional high court’s decision in Mohd. Farhan A. Shaikh vs. DCIT [2021 (3) TMI 608 - BOMBAY HIGH COURT (LB)] that such a failure on AO’s part in not specifying the relevant limb at the time of initiation of penalty itself vitiates the entire proceedings being in the nature of an incurable defect. Faced with the situation, we delete the impugned penalties imposed - Decided in favour of assessee.
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