Bombay Marine Engg. Works P.Ltd, Mumbai vs Department Of Income Tax on 26 December, 2012
13. Ld. DR for the Revenue to repel the arguments addressed by
the ld. AR for the assessee contended that assessee has never raised
any such question of invalid notice during penalty proceedings nor
before the ld. CIT (A) which has caused no prejudice to the
assessee as the assessee has understood the purport and import of
the notice under section 274 read with section 271 of the Act and
relied upon the decision rendered by the Hon'ble Madras High
Court in Sundaram Finance Ltd. vs. CIT (2018) 403 ITR 407
(Madras), in which SLP has also been dismissed by Hon'ble
Supreme Court in the case cited as Sundaram Finance Ltd. vs.
CIT (2018) 99 taxmann.com 152 (SC) and also relied upon the
judgment of CIT vs. Smt. Kaushalya - 216 ITR 660 (Bombay) &
Trimurti Engineering Works vs. ITO - (2012) 138 ITD 189
(Del.).