2017 (9) TMI 1923

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... y cooperated during the course of assessment proceedings - HELD THAT:- We find that the instant appeal is squarely covered by the decision of Akhil Bhartiya Prathmik Shikshak Sangh Bhawan trust [ 2007 (8) TMI 386 - ITAT DELHI-G] - we hold that the imposition of penalty u/s 271(1)(b) of the Act was patently wrong, especially in view of the fact that the impugned assessment order has been passed u/s .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the facts and in the circumstances of the case, the Learned Commissioner of Income Tax -Appeals 2 erred in law in upholding the penalty of ₹ 10,000 levied by the Ld. Assessing Officer under section 271(1) (b) of the Act, for the reasons stated in the impugned Order. 3. That the appellant, craves, leave to add, alter, amend, substitute, forgo, any or all the grounds of appeal before or at the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and 2 of the penalty order dated 14.1.2015 wherein the assessee's reply to the penalty notice issued on 9.1.2015 has been reproduced. It was also submitted that the assessment was completed u/s 143(3) of the Act which was proof enough that the assessee had duly cooperated during the course of assessment proceedings. Reliance was placed on the order of the ITAT Delhi Bench in the case of Akhil Bhar .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... material placed on record. We find that the instant appeal is squarely covered by the decision of the Co-ordinate Bench of ITAT Delhi in the case of Akhil Bhartiya Prathmik Shikshak Sangh Bhawan trust vs ACIT 5 DTR 429 (Delhi Tribunal) wherein the Coordinate Bench in paras 2.4 and 2.5 has held as under:- "2.4 Coming to the issue of recording of satisfaction, it may be mentioned that mere initia .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... osition of penalty u/s 271(1)(b) of the Act was patently wrong, especially in view of the fact that the impugned assessment order has been passed u/s 143(3). While setting aside the impugned order, we direct the Assessing Officer to delete the penalty. 7. In the result, the appeal of the assessee is allowed. The order is pronounced in the open court on 20th September, 2017.
Case laws, Decisi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X