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2021 (2) TMI 395 - ITAT KOLKATAPenalty u/s 271(1B) - non-compliance of the notice u/s 142(1) - HELD THAT:- We find from the records that a remand report dated 31.05.19 was furnished to the ld. CIT(A) by the ld. A.O wherefrom it appears that where the submission of the reply by the assessee relating to the penalty order u/s 271(1B) was filed wherein the assessee categorically mentioned that the permanent established of the assessee is at Ranchi and the details of the business are maintained in the said city further that there is no established at Kolkata. It appears that the assessee has complied with the notice u/s 142(1) of the Act though late as evident from the records before us. Therefore no penalty in the instant case is called for. As we rely upon the judgment passed by the Hon’ble Apex Court in the case of Hindustan Steel Ltd. vs. State of Orissa [1969 (8) TMI 31 - SUPREME COURT] where it was held that penalty should not be imposed unless the assessee acted deliberately - we set aside the order passed by the ld. CIT(A) and direct the Assessing Officer to delete the penalty. The common order. passed by the ld. CIT(A) in all appeals is set aside. - Decided in favour of assessee.
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