9911796707
TMI Blog2023 (7) TMI 992X X X X Extracts X X X X X X X X Extracts X X X X ..... any reason for not accepting the contention of the assessee. Therefore, it is not a fit case for levy of penalty. Decided in favour of assessee. - ITA No. 1377/DEL/2023 - - - Dated:- 21-7-2023 - Shri Kul Bharat, Judicial Member For the Assessee : None For the Department : Shri Om Parkash ORDER PER KUL BHARAT, JM: This appeal, by the assessee, is directed against the order of the learned Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated 15.03.2023, pertaining to the assessment year 2017-18. The assessee has raised following grounds of appeal: 1. Learned CIT(A) has erred in law as well as on fact in confirming penalty of Rs. 20,000/- imposed by Ld. AO u/s 272A(1)(d) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to comply with notice u/s 142(1). The Ld AO did not mention the date of notice for which penalty was initiated. The AO mentioned notice means only one notice. The AO NFAC had added notices of dated 14.03.2018 and notice dated 23.08.2019. It is pertinent to mention here that notice under section 142(1) dated 14.03.2018 was never received by the assessee by any means of communication ITBA is not the means of communication. Further all the reply to the questionnaire were submitted by the assessee before AO on 19.09.2019. Again it is submitted notice u/s 142(1) dated 23.08.2019 was not received by the assessee. The AOP has considered the reply of the assessee dated 19.09.2019 and allow the relief to the assessee in respect of Rs. 700000 d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailable with the assessee on account of sale of agriculture products at the time of demonetization, which was deposited by the assessee in KCC loan account, and were duly explained in the cash flow statement. It is clarified the fact that the assessee s income was below taxable limit therefore it is prayed before your honor the penalty imposed by the Ld. AO may kindly be deleted on the basis of the order of the Hon ble ITAT, New Delhi and dated 23.02.2023. (Copy enclosed). 4. The learned DR opposed the submissions and supported the orders of the authorities below. 5. I have heard the learned and perused the material available on record. The assessee has pointed out that in quantum proceedings this Tribunal was pleased to delete ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
