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2012 (11) TMI 400 - ITAT, AHMEDABADPenalty u/s 271(1)(b) of the Act for not attending assessment proceedings Held that:- Assessment has been completed u/s 143(3) and not u/s 144 of the Act and none of the addition is attributed to any default on the part of the assessee in submitting the details., all the details have been filed on behalf of the assessee and thereafter, assessment completed. As decided by court in case of [[CIT Vs. Standard Marcantile Co., 1985 (7) TMI 44 - PATNA HIGH COURT ]held that:- absence of mens rea or failure of the Revenue to establish mens rea, are entirely irrelevant in penalty proceedings u/s 271(1)(b) of the Act. issue involved in the present case is squarely covered in favour of the assessee by this Tribunal’s decision and therefore, respectfully following the same penalty is deleted - In the result, the appeal of the assessee is allowed.
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