Penalty notice without proper application of mind is invalid

Assessing Officer was quite unsure as to which of the two sections namely, section 271(1)(c) of the Act or section 271AAA of the Act was he intending to proceed. Such an approach is also reflective of non application of mind by the Assessing Officer, and, therefore,  the notice issued by the Assessing Officer under section 274 r.w.s. 271(1)(c) of the Act dated 30/12/2010 is untenable and consequently, the penalty imposed by the Assessing Officer under section 271(1)(c) of the Act of the Act is hereby directed to be deleted.

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