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2014 (1) TMI 1687 - AT - Income TaxPenalty levied under Section 271(1)(b) - non-compliance of the notice under Section 142(1)/143(2) - Held that:- The penalty had been levied by the Assessing Officer for non-compliance of the notice dated 8.11.2010. From the assessment order, it is evident that the notice under Section 142(1)/143(2) dated 8.11.2010 alongwith the detailed questionnaire was issued fixing the case for 18.11.2010. These details have been mentioned by the Assessing Officer in paragraph 2 page 1 of the assessment order. Thus, total ten days’ time was allowed from the date of issue of the notice. In the assessment order, the Assessing Officer has not mentioned the date on which such notice was served upon the assessee. Therefore, in our opinion, the time of less than ten days allowed by the Assessing Officer for complying with the detailed questionnaire cannot be said to be a sufficient time being allowed to the assessee and, therefore, failure of the assessee to comply with such notice cannot be said to be a default which may justify the levy of penalty under Section 271(1)(b) of the Act. Accordingly, the same is cancelled. - Decided in favour of assessee.
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