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2016 (7) TMI 1442 - AT - Income TaxLevy of penalty u/s 271(1)(b) - assessee had not complied with notice under section 142(1) - assessment u/s 143 and not u/s 144 - Held that:- Respectfully following the decision of the Delhi Bench of the Tribunal in the case of Akhil Bhartiya Prathmik Shmshak Sangh Bhawan Trust vs. Assistant Director of Incometax [2007 (8) TMI 386 - ITAT DELHI-G ] wherein it was held that where the assessee had not complied with notice under section 142(1) but assessment order was passed under section 143(3) and not under section 144, that meant that subsequent compliance in assessment proceedings was considered as good compliance and defaults committed earlier were ignored by Assessing Officer and, therefore, levy of penalty under section 271(1)(b) was not justified, set aside the orders of the authorities below and delete the levy of penalty u/s 271(1)(b) - Decided in favour of assessee.
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