9911796707
TMI Blog2022 (1) TMI 590X X X X Extracts X X X X X X X X Extracts X X X X ..... - N.K. Saini, Vice President And Sudhanshu Srivastava, Member (J) For the Appellant : Vineet Krishan, Advocate For the Respondents : Ashok Khanna, Addl. CIT ORDER Per Sudhanshu Srivastava, Judicial Member This appeal is preferred by the assessee challenging the order dated 28.08.2021 passed u/s. 250 of the Income Tax Act, 1961 (in short 'the Act') by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as 'CIT(A)']. 2. The sole issue before us is levy of penalty of ₹ 10,000/- imposed u/s. 271(1)(b) of the Income Tax Act, 1961. 3. The grounds raised by the assessee are as under:- 1. That the order passed under section 250 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings under Section 271(1)(b) of the Income Tax Act, 1961, the appellant had explained and submitted the reply on 01.03.2021 which is reproduced as below:- It is submitted that penalty proceedings were initiated on the ground that the assessee had failed to comply with the notice dated 07.11.2019 which was fixed for hearing on 13.11.2019. It is further submitted that there is no non-compliance on the part of the assessee only 13.11.2019 and the assessee immediately as per letter dated 13.11.2019 (copy enclosed) explained to ld. Income Tax Officer, Ward 3(3), Chandigarh as under:- It is submitted that the said notice has been received today only and for proper reply to all the questions called for will take some time. We a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. Sr. DR placed reliance on the orders of the authorities below. 6. We have heard the rival submissions and have gone through the material on record. We agree with the contention of the Ld. Authorised Representative that the impugned penalty has been wrongly imposed as there was no fault on the part of the assessee for the simple reason that assessee did not get adequate time to respond to the queries raised by the Department. In such a situation, we are unable to uphold the penalty so imposed. We set aside the order of the Ld. First Appellate Authority and direct the Assessing officer to delete the penalty. 7. In the final result, the penalty of the assessee stands allowed. Order pronounced on 07.01.2022. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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