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TMI Blog2023 (8) TMI 923X X X X Extracts X X X X X X X X Extracts X X X X ..... art in the case of Smt. Rekha Rani [ 2015 (5) TMI 1100 - ITAT DELHI] by observing that penalty for the first default of non-compliance of notice under section 142(1) of the Act was sufficient enough. Thus direct the AO to delete the penalty and confirm the penalty of ₹ 10,000/-only. - Shri Waseem Ahmed, Accountant Member And Shri T.R Senthil Kumar, Judicial Member For the Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but failed to file the response to the various notices issued under section 142(1) of the Act. In view of the above, the AO initiated penalty proceedings u/s 271(1)(b) of the Act for the failure of the assessee to comply with notices. Finally, the AO imposed the penalty for ₹ 10,000/- for each default committed by the assessee aggregating to Rs. 50,000.00 as discussed above under the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n part in the case of Smt. Rekha Rani Vs. DCIT in ITA No. 6131/DEL/2013 by observing that penalty for the first default of non-compliance of notice under section 142(1) of the Act was sufficient enough. The relevant extract of the order reads as under: 5. We have considered the submissions of learned DR and have perused the order of the Assessing Officer and the learned CIT(A). we find tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 143(2) of the Act. This does not seem to be the intention of the legislature in enacting the provisions of Section 271(1)(b) of the Act. In case of failure of the assessee to comply with the notice under Section 143(2) of the Act, the remedy with the Assessing Officer lies with framing of best judgement assessment under the provisions of Section 144 of the Act and not to impose penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X
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