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TMI Blog2024 (8) TMI 930X X X X Extracts X X X X X X X X Extracts X X X X ..... resent case. AO himself has deemed to have condoned the absence of assessee or his Authorized Representative on earlier occasions, subsequently the necessary information and evidences were furnished by the assessee to assist in the completion of the assessment and since assessment was completed u/s 143(3) of the Act, the penalty u/s 272A(1)(d) cannot be imposed. Considering the ratio of law followed in various judicial decision, we find it appropriate to set aside the order of Ld. CIT(A), and direct the Ld. AO to delete the penalty. Decided in favour of the assessee. - Shri Ravish Sood, JM And Shri Arun Khodpia, AM For the Assessee : Shri Sunil Kumar Agrawal, CA For the Revenue : Shri Satya Prakash Sharma, Sr. DR ORDER PER ARUN KHODPIA, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment, Ld. AO have made the observation to initiate penalty proceedings u/s 270A of the I.T. Act for under reporting / misreporting of income along with penalty u/s 272A(1)(d) for non-compliances of notices u/s 143(2) / 142(1) issued on 29.06.2021, 25.10.2021 and 12.03.2022. Later on, penalty proceedings were initiated by the Ld. AO i.e., Assessment Unit, Income Tax Department wherein it is observed that during the course of assessment proceedings, notice u/s 143(2) of the Act dated 29.06.2021 and notice u/s 142(1) of the Act dated 25.10.2021 were issued to the assessee seeking clarification and further details on the issue, in respect of which the case was selected for scrutiny. However, the assessee has not responded to the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the imposition of penalty by the Ld. AO, assessee preferred an appeal before the Ld. CIT(A), but with no success, the appeal is dismissed, therefore, assessee carried the matter before us challenging the decision of Ld. CIT(A). 5. At the outset, Ld. AR of the assessee submitted that, the Ld. CIT(A) had erred in sustaining the penalty of Rs. 20,000/- imposed on the assessee by the Ld. AO u/s 272A(1)(d) for non-compliance of the notice in repose issued u/s 142(1). Whereas the assessee has furnished all the necessary information during the course of assessment proceedings in response to subsequent notices issued by the Ld. AO and the assessment was completed u/s 143(3) r.w.s. 144B of the Act. It was the submission that the issue is squarely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sufficient compliance of notices issued by the assessing officer. Moreover, no penalty u/s.271(1)(b) of the Act could be levied when an assessment has been completed u/s143(3) of the Act, wherein the ld. AO is deemed to have condoned the absence of the assessee or his authorised representative on earlier occasions when subsequently, the details were furnished by him and the assessments were ultimately completed u/s143(3) of the Act. Hence, we deem it fit that this is not a fit case for levy of penalty u/s.271(1)(b) of the Act. Therefore, we direct the AO to delete the said penalty. Accordingly, the grounds raised by the assessee are allowed. Saleem Ahmed Khan vs. Income Tax Officer in ITA Nos.88,89 98/JAB/2022 dated 13.09.2023, wherein it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment was completed u/s 143(3), therefore, respectfully, following the analogy drawn in the decision referred to (supra), we find that the penalty-imposed u/s 272A(1)(d) of the Act is not justifiable in the present case, as the Ld. AO himself has deemed to have condoned the absence of assessee or his Authorized Representative on earlier occasions, subsequently the necessary information and evidences were furnished by the assessee to assist in the completion of the assessment and since assessment was completed u/s 143(3) of the Act, the penalty u/s 272A(1)(d) cannot be imposed. Under such facts and circumstances, considering the ratio of law followed in various judicial decision, we find it appropriate to set aside the order of Ld. CIT(A), a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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