Dismissing the appeal the Court held that the penalty was imposed after allowing proper opportunity to the assessee with respect to specific default under section 273(2)(aa). The Tribunal held that the mistake in mentioning the wrong section in the assessment order and the first notice was only of a clerical nature which was subsequently rectified. The Tribunal had rightly held that the penalty had been imposed by the Assessing Officer after due application of mind and the technical ground that the initial notice was given under section 273(2)(a) could not be made a ground for quashing the penalty levied under section 273(2)(aa). (AY.1988-89)