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2021 (5) TMI 955 - ITAT MUMBAI
Penalty u/s.271(1)(c) - Defective notice u/s 274 - HELD THAT:- As per the record, the assessment order speaks about levying the penalty on account of taken the action in view of provisions u/s 274 r.w.s. 271 (1)(c) of the Act but the notice nowhere specify any limb to levy the penalty. The notice is not justifiable in view of the law settled by the Bombay High Court in the case of CIT-11 Vs. Samson Perinchery. [2013 (11) TMI 369 - ITAT MUMBAI]
It is quite clear that the penalty is not leviable in accordance with law. Further, we noticed that the penalty was levied on account of filing the return of income in pursuance of notice u/s 153 r.w.s 153C of the Act. In the case of Kirit Dahyabhai Patel [2015 (1) TMI 201 - GUJARAT HIGH COURT].
It is quite clear that the no penalty is leviable in the said circumstances, therefore, we delete the penalty. - Decided in favour of assessee.