depreciation of Plant & Machinery, as the claim was debatable. No issue of notice u/s 274 was before the Hon’ble High Court for its consideration. The case of ‘Manjunatha’ (supra) was not even referred before the Hon’ble High Court. In the case of “B.A. Balasubramaniam” (supra), no issue 25. of validity of penalty notice was under consideration. I.T.A