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TMI Blog2023 (6) TMI 928X X X X Extracts X X X X X X X X Extracts X X X X ..... e AO to delete the penalty levied. Appeal of the assessee is allowed. - I.T.A. No. 92/Viz/2023 - - - Dated:- 20-6-2023 - Shri Duvvuru Rl Reddy, Hon ble Judicial Member For the Appellant : Shri I Kama Sastry, AR For the Respondent : Shri Sankar Pandi, DR ORDER PER SHRI DUVVURU RL REDDY, JUDICIAL MEMBER : This appeal is filed by the assessee against the order of Commissioner of Income Tax (Appeals) [CIT(A)], National Faceless Appeal Centre (NFAC), Delhi vide DIN Order No.ITBA/NFAC/S/250/2022-23/1049592210(1) arising out of assessment order passed u/s 272 of the Income Tax Act, 1961 (in short Act ) dated 09.09.2022 for the Assessment Year (A.Y.) 2017-18. 2. Brief facts of the case are that the assessee, enga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and with best of judgement by making additions u/s 69A, 69, 69D and 69C of the Act and assessed the income at Rs. 5,14,84,796/-. The AO passed the assessment order u/s 144 r.w.s. 144B of the Act. Show cause notice u/s 274 r.w.s. 271AAC(1) and 270A of the Act was generated in the system. The AO had also initiated penalty proceedings u/s 272A(1)(d) for non compliance to the notices issued u/s 142(1) of the Act dated 25.09.2021 and 12.03.2022. 3. On being aggrieved, the assessee preferred an appeal before the CIT(A) and the Ld.CIT(A) dismissed the appeal of the assessee. 4. On being aggrieved, the assessee preferred an appeal before the Tribunal by raising the following grounds of appeal : 1. The Assessing Officer is not justified i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k filed by the assessee before me, from which it is evident that the assessee had complied with the two notices as evidenced by the acknowledgements generated on ITBA Portal and submitted the information called for by the AO within the due date. The assessee had also filed a letter before the AO to keep in abeyance the proceedings till the disposal of appeal before the Ld.CIT(A), which was ignored by the AO and proceeded with levying penalty of Rs. 20,000/- against the notices issued, which is not correct and against law. I, therefore, set aside the order passed by the Ld.CIT(A) and direct the AO to delete the penalty levied. 8. In the result, appeal of the assessee is allowed. Order pronounced in the open court on 20th June, 2023. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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