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2012 (10) TMI 810 - AT - Income TaxPenalty u/s. 271 (1) (b) - non-compliance of three notices issued in connection with assessment year 2003-04 - Held that:- Penalty will not ordinarily be imposed unless the party obliged either acted deliberately in defiance of law or was guilty of conduct contumacious or dishonest, or acted in conscious disregard of its obligation. Penalty will not also be imposed merely because it is lawful to do so as decided in Hindustan Steel Limited Versus State Of Orissa [1969 (8) TMI 31 - SUPREME COURT] In the present case assessee’s conduct was not contumacious to warrant levy of penalty as there was no deliberate attempt on the part of the assessee to evade the assessment proceedings as he claimed that on some occasions, he himself had gone to the office of the concerned Assessing Authority where the concerned assessing authority’s office was found locked and also some of the notices were general notices without requiring any specific documents to be complied with - in favour of assessee.
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