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ITAT Delhi Deletes Rs.43.78 Lakh Penalty for Defective Notice Under Section 271AAB

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Summary

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  • The ITAT Delhi has quashed a penalty of Rs.43,77,932 against Yogender Mohan Rustagi for the Assessment Year 2017-18 due to a defective notice under Section 271AAB(1A).
  • The Tribunal found that the Assessing Officer failed to specify the applicable conditions or clauses in the penalty notice, rendering it legally invalid.
  • This ruling follows precedents set by the Madras High Court and Jaipur Bench regarding the necessity of clear communication in penalty notices.
  • The cancellation on technical grounds means that further deliberation on the merits of the case is now deemed unnecessary.

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