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2016 (3) TMI 1099 - AT - Income TaxPenalty u/s 271(1)(b) - failure in complying to scrutiny notices u/s. 142(1) r.w.s. 143(2) - Held that:- It emerges from the assessment order that the assessee had filed part details on 30-11-2007 in furtherance to notice dated 11-11-2007. Neither of the lower authorities rebut this factual position. There is further no dispute that assessee has expressed his inability to produce the relevant records sought for because of non-availability thereof. The Assessing Officer framed assessment u/s. 143(3) r.w.s 144 of the act. He added the bank deposit amount in assessee’s hands. We hold in these facts that this assessment is u/s. 143(3) and does not fall strictly to the category of best judgment assessment u/s. 144 of the Act. We notice in these facts and circumstances a coordinate bench of the tribunal in Akhil Bartiya Prathmik Shmshak Sangh Bhawan Trust vs. ACIT [2007 (8) TMI 386 - ITAT DELHI-G ] deletes an identical penalty for non-compliance scrutiny notices by holding that an assessment order passed u/s. 143(3) of the Act is a sufficient compliance of scrutiny notices. We draw support therefrom and accept assessee’s argument in challenging the impugned penalty. The Revenue’s submission supporting the same stands rejected accordingly - Decided in favour of assessee
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