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2016 (3) TMI 1100 - AT - Income TaxPenalty levied u/s.271(1)(b) - non-appearance of assessee in response to notices issued u/s.142(1) - Held that:- In the present case, we find that the assessment has been framed u/s.143(3) of the Act and further the income returned by the assessee has been accepted by A.O. without making any additions. We further find that the Co-ordinate Bench in case of Priyank K. Shah vs. ITO (2013 (7) TMI 1023 - ITAT AHMEDABAD) has held that when assessment order is passed u/s. 143(3) of the Act and not u/s. 144 of the Act, then non-compliance of notice u/s.142(1) of the Act is deemed to have been waived. Before us, Revenue has not placed any contrary binding decision. Thus in the present case, since, assessment order has been framed u/s. 143(3) of the Act and not u/s. 144 and therefore, non-compliance of notice u/s.142(1) of the Act is deemed to have been waived and therefore, the levy of penalty u/s. 271(1)(b) of the Act would not be required. - Decided in favour of assessee.
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