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2016 (6) TMI 1304 - AT - Income TaxPenalty u/s 271(1)(b) - order under Section 143(3) issued - Held that:- We hold that the imposition of penalty u/s 271(1)(b) of the Act was patently wrong, specially in view of the fact that the impugned assessment order has been passed u/s 143(3). While setting aside the impugned order, we direct the Assessing Officer to delete the penalty. See Akhil Bhartiya Prathmik Shikshak Sangh Bhawan trust vs ACIT [2007 (8) TMI 386 - ITAT DELHI-G] wherein held held that where an order under Section 143(3) has been issued and not under Section 144 of the Act, the same implies that the subsequent compliance in the assessment proceedings is considered as good compliance and defaults earlier committed were ignored by the AO. - Decided in favour of assessee
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