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TMI Blog2021 (9) TMI 1015X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee and had participated in the proceedings before the AO and the assessment has been completed u/s 143(3), and therefore, penalty should not be levied u/s 271(1(b) of the Act for non compliance of particular notice merely on technical grounds. Various Benches of the Tribunal in a number of decisions have held that where the assessment order was finally passed u/s 143(3) and not u/s 144 of the Act due to subsequent compliance during the assessment proceedings, that would be considered as good compliance and the defaults committed earlier should be ignored and by taking a lenient view the penalty u/s 271(1)(b) of the I.T. Act 1961 should not be levied - Decided in favour of assessee. - ITA No.141/Ahd/2019 (Asstt. Year: 2015-16) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same was challenged before the first appellate authority, but did not succeed, hence, the assessee before the Tribunal. 4. Before us, the assessee filed a detailed submission. It is inter alia pleaded that the assessee has cooperated with the department for finalization of assessment, that is evident from the assessment order passed under section 143(3) itself. However, the time given in the notice issued under section 142(1) r.w.s. 129 of the Act to furnish voluminous details was very short, and beyond the reach of the assessee to comply. The assessee has demonstrated in the following chart how the impugned notices were issued and how much time was given to the assessee for compliance thereof. Particulars of Notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with penalty under section 271(1)(b) of the Act. On the other hand, the ld.DR supported orders of the Revenue authorities. 5. We have considered rival submissions and gone through the orders of the Revenue authorities. The assessee was imposed with penalty under section 271(1)(b) of the Act of ₹ 10,000/- on the ground he has not complied with statutory notice issued under section 142(1) r.w.s. 129 of the Act. A perusal of the assessment order under section 143(3) of the Act not suggests any whisper of non-cooperation by the assessee during the assessment proceedings, on the other hand, the ld.AO recorded that assesseee s representatives attended, furnished requisite details/evidences from time to time, which were perused and placed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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