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ITAT Delhi: Defective Section 274 Notices Nullify Section 271AAB Penalty

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Summary

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  • The ITAT Delhi has cancelled a penalty under Section 271AAB of the Income-tax Act for the Assessment Year 2016-17 due to defective show-cause notices.
  • The Tribunal ruled that the Assessing Officer failed to specify which clause of Section 271AAB was invoked, undermining the validity of the penalty proceedings.
  • This decision aligns with the Madras High Court's ruling in PCIT v. R. Elangovan, emphasizing procedural requirements in penalty notices.
  • The outcome raises questions about future penalties where statutory clauses are not clearly identified, potentially impacting similar cases nationwide.

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