Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2021 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (9) TMI 1015 - ITAT AHMEDABADPenalty u/s 271(1)(b) - default of non-compliance of the statutory notice issued under section 142(1) r.w.s. 129 - proof of any deliberate attempt on the part of the assessee - non compliance of particular notice on technical grounds - HELD THAT:- There is no deliberate attempt on the part of the assessee, more so when the time given by the ld.AO to the assessee for compliance was very short. Further, assessment under section 143(3) was finalized by accepting the returned income filed by the assessee. The assessee might have missed to make compliance on those dates but ultimately due compliance was made and requisite details were filed by the assessee and had participated in the proceedings before the AO and the assessment has been completed u/s 143(3), and therefore, penalty should not be levied u/s 271(1(b) of the Act for non compliance of particular notice merely on technical grounds. Various Benches of the Tribunal in a number of decisions have held that where the assessment order was finally passed u/s 143(3) and not u/s 144 of the Act due to subsequent compliance during the assessment proceedings, that would be considered as good compliance and the defaults committed earlier should be ignored and by taking a lenient view the penalty u/s 271(1)(b) of the I.T. Act 1961 should not be levied - Decided in favour of assessee.
|