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TMI Blog2022 (12) TMI 1075X X X X Extracts X X X X X X X X Extracts X X X X ..... sment order dated 22.11.2018 passed under section 143(3) of the Act by the A.O. See case of Akhil Bhartiya Prathmik Shamshak Sangh Bhawan Trust [ 2007 (8) TMI 386 - ITAT DELHI-G] - Penalty order set aside - Decided in favour of assessee. - I.T.A. No. 7247/DEL/2019 - - - Dated:- 19-10-2022 - DR. BRR. KUMAR, ACCOUNTANT MEMBER AND SH. YOGESH KUMAR US, JUDICIAL MEMBER Appellant by Shri Shailesh Gupta, Adv. Respondent by Shri Vivek Vardhan, Sr. DR ORDER PER YOGESH KUMAR US, JM This appeal is filed by the assessee for assessment year 2016-17 against the order of the ld. Commissioner of Income Tax (Appeals)-9, New Delhi [hereinafter referred to as CIT (Appeals)] dated 17.06.2019. 2. The assessee has raised the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case was selected for limited scrutiny under section 143(2) of the Act and notice was duly served on the assessee company. Notice under section 142(1) of the Act along with detailed questionnaire was issued to the Assessee, but as per the Ld. AO no response from or on behalf of the assessee company has been filed. Since the assessee has not complied with the statutory notice without any reasonable cause, the Ld. AO has initiated penalty proceedings under section 271(1)(b) of the Act. The Ld. AO has imposed penalty of Rs. 10,000/-under section 271(1)(b) of the Act vide penalty order dated 1.8.2018. As against the penalty order dated 01.08.2018, the Assessee has preferred an appeal before the Ld. CIT(A). The Ld. CIT(A) vide order dated 17.06. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ored the default committed earlier. The said fact has been corroborated with the assessment order dated 22.11.2018 passed under section 143(3) of the Act by the A.O. 8. The similar issue has been considered by the Jurisdictional High Court in the case of Akhil Bhartiya Prathmik Shamshak Sangh Bhawan Trust Vs. Assistant Director of Income Tax, wherein the Hon ble High Court has held as under:- 2.5. We also find that finally the order was passed u/s 143(3) and not u/s 144 of the Act. This means that subsequent compliance in the assessment proceedings was considered as good compliance and the defaults committed earlier were ignored by the A.O. Therefore, in such circumstances, there could have been no reason to come to the conclusion t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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