Notice U/s. 274 r.w.s. 271(1)(c) is untenable if issued without application of mind

D.C.I.T Vs. M/s. Pennzoil Quaker State India Ltd. (ITAT Mumbai) On a perusal of the notice issued u/s. 271(1)(c) of the Act for initiation of proceedings we find that the Assessing Officer did not strike off and specify the charge/limb for which he is proposing to initiate penalty proceedings. However, in the Assessment Order, Assessing Officer records that the penalty proceedings are initiated for furnishing inaccurate particulars of income. Action of the Assessing Officer in non-striking off relevant clause in the notice shows that the charge being made against the assessee is not firm there...