Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 1474 - AT - Income TaxPenalty u/s 271(1)(b) - non comply with the notice of the AO u/s 142(1) - Held that:- The assessing officer issued notice on 8.11.2010 fixing the date 15.11.2010 and assessee by way of written application requested for adjournment to January, 2011 it was dismissed and the assessing officer pass the assessment order on 31.12.2010 under Section 144 of the Act. DR has no dispute on this fact that the AR submitted an application for adjournment on the fix date of hearing i.e. 15.11.2010. Hence, it cannot be presumed that the assessee did not comply with the notice of the AO u/s 142(1) of the Act. Under this facts and circumstances, the assessee cannot be held guilty of non-complying with the notice issued u/s 142(1) of the Act and penalty u/s 271(1)(b) of the Act is not sustainable and the AOs directed to delete the penalty. - Decided in favour of assessee.
|