2016 (7) TMI 1442 - AT - Income Tax

Levy of penalty u/s 271(1)(b) - assessee had not complied with notice under section 142(1) - assessment u/s 143 and not u/s 144 - Held that - Respectfully following the decision of the Delhi Bench of the Tribunal in the case of Akhil Bhartiya Prathmik Shmshak Sangh Bhawan Trust vs. Assistant Director of Incometax 2007 (8) TMI 386 - ITAT DELHI-G wherein it was held that where the assessee had not complied with notice under section 142(1) but assessment order was passed under section 143(3) and not under section 144 that meant that subsequent compliance in assessment proceedings was considered as good compliance and defaults committed earlier were ignored by Assessing Officer and therefore levy of penalty under section 271(1)(b) was not justified set aside the orders of the authorities below and delete the levy of penalty u/s 271(1)(b) - Decided in favour of assessee.

Summary

Issues:
Levy of penalty u/s 271(1)(b) of the Income Tax Act, 1961.

Analysis:
The appeals were filed against orders of the CIT(A) confirming the penalty. The sole issue in all appeals was the levy of penalty u/s 271(1)(b) of ?10,000 in each assessment year. The assessee failed to appear before the Assessing Officer despite a notice u/s 142(1) and penalty was imposed. The learned counsel argued citing a Delhi Tribunal case that subsequent compliance in assessment proceedings after non-compliance with notice u/s 142(1) was considered good compliance. Assessments were framed u/s 153A r.w.s. 143(3) in all cases. The Tribunal held that the Delhi Tribunal case applied, and subsequent compliance meant earlier defaults were ignored, justifying the deletion of the penalty. No contrary decision was cited, leading to the allowance of the appeals and the deletion of the penalties.

The Tribunal emphasized that assessments were framed u/s 153A r.w.s. 143(3) in all cases, aligning with the Delhi Tribunal's decision. The decision clarified that subsequent compliance after non-compliance with notice u/s 142(1) was deemed sufficient, nullifying earlier defaults. The absence of any contradictory decisions led to the deletion of penalties u/s 271(1)(b) in all appeals. The orders of the authorities below were set aside based on the application of the Delhi Tribunal case, resulting in the allowance of all the assessee's appeals.

In conclusion, the Tribunal allowed all the appeals of the assessee, setting aside the penalties imposed under section 271(1)(b) of the Income Tax Act, 1961. The decision was based on the principle that subsequent compliance in assessment proceedings after initial non-compliance with notice u/s 142(1) constituted good compliance, warranting the deletion of penalties. The Tribunal's ruling aligned with the Delhi Tribunal's precedent, emphasizing the significance of compliance during assessment proceedings and the subsequent nullification of earlier defaults.