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Defective Notice u/s 274 Invalidates Penalty u/s 271(1)(c); No Penalty Imposed Due to Lack of Clarity.
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....Penalty u/s 271(1)(c) - defective notice u/s 274 - The notice does not delete the appropriate words and in the assessment order as well as in the penalty order, both limbs have been pressed against the assessee. Therefore, we would hold that the notice was issued in a mechanical manner and hence, not sustainable in the eye of law. - No penalty - AT....
TaxTMI
TaxTMI