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TMI Blog2022 (10) TMI 149X X X X Extracts X X X X X X X X Extracts X X X X ..... y the assessee during the assessment proceedings. In view of this, the penalty levied by the learned Assessing Officer under Section 271(1)(b) of the Act or under Section 272A (1)(d) of the Act deserves to be cancelled. The judicial precedent cited before us of the co-ordinate Benches in case of Globus Infocom Limited [ 2016 (6) TMI 1304 - ITAT DELHI ] and in case of DLF Commercial Enterprises [ 2021 (4) TMI 327 - ITAT DELHI ] supported the case of the assessee. Assessee appeal allowed. - ITA Nos. 1381 to 1386/Mum/2022 - - - Dated:- 16-8-2022 - SHRI PRASHANT MAHARISHI , AM AND SHRI SANDEEP SINGH KARHAIL , JM Assessee by : Ms. Charmi Shroff , AR Revenue by : Shri Tejinder Pal Singh Anand , DR ORDER PER BENCH : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e did not file any submissions in response to said notice and therefore, the learned Assessing Officer vide order dated 16th December, 2020 levied the penalty of ₹ 10,000/- under Section 271(1)(b) of the Act. 03. The facts for A.Y. 2014-15 to A.Y. 2018-19, are identical except that for A.Ys. 2017-18 and 2018-19. In these appeals involved section 272A(1)(d) of the Act instead of 271(1)(b) of the Act. 04. The assessee preferred the appeal before the learned CIT (A) and submitted that assessee has inadvertently lost sight of the notice under Section 142(1) of the Act dated 19 February 2020 and therefore, there was a lapse. However, assessee submitted that as this was a search matter and several cases were going on before the learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs should be considered as a good compliance and therefore, penalty should not have been levied. She further submitted that in several judicial precedents as cited before us, where the penalty has been deleted. She submitted identical paper books for six appeals. 06. The learned Departmental Representative vehemently supported the orders of the lower authorities. 07. We have carefully considered the rival contentions and perused the orders of the lower authorities. The brief facts of the case shows that pursuant to search under Section 132 of the Act on 4th October, 2018, the case of the assessee were assessed under Section 153A of the Act. The learned Assessing Officer issued notice under Section 142(1) of the Act along with notice u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 153A of the Act read with section 143(3) of the Act. None of the assessment order was passed under Section 144 of the Act. This clearly shows that there are materials to suggest that the learned Assessing Officer was satisfied, on the whole, overall compliance made by the assessee during the assessment proceedings. In view of this, the penalty levied by the learned Assessing Officer under Section 271(1)(b) of the Act or under Section 272A (1)(d) of the Act deserves to be cancelled. The judicial precedent cited before us of the co-ordinate Benches in case of Globus Infocom Limited Vs. DCIT in ITA No. 738/Del/2014 dated 29th June, 2016 and in case of DLF Commercial Enterprises Vs. ACIT in ITA No.2530/Del/2018 dated 16th February, 2021 suppo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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