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2014 (2) TMI 1298 - AT - Income TaxPenalty u/s 271(1)(b) - proof of deliberate defiance on part of the assessee - Held that:- Penal action is not warranted as the present case does not fall in the arena of deliberate and willful defiance by not appearing before the AO on the specific date. A perusal of the record shows that the assessee was given about 10 days to give its explanation. It is also seen that the returned income has been accepted by the AO vide order u/s 153A r.w.s 143(3) and not u/s 144 of the Act. Nothing has been brought on record to show that the present case is an attempt of deliberate defiance on part of the assessee. Infact the assessment having been completed u/s 143(3) of the Income Tax Act means that subsequent compliance in the assessment proceedings was considered as good compliance. It is further seen that no reasoning has been given by the CIT(A) as to why the following explanation extracted by him in pages 3 & 4 in para 4 of his order cannot be accepted - Decided in favour of assessee.
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