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2015 (2) TMI 1310 - ITAT MUMBAIPenalty u/s 271(1)(c) - assessee had not complied with notice under section 142(1) - HELD THAT:- AO had not contravened the assertion made by the assessee that the FAA has not considered that vital issue while deciding the appeal that in the assessment order the AO has mentioned that the AR of the assessee has appeared before him time to time that the assessed income is same as the returned income. As the assessee had appeared before the AO so there was no justification for levy of penalty u/s.271(1)(b) of the Act. We also find that the predecessor of the FAA had deleted the penalty levied by the AO u/s. 271(1)(b) . Secondly, in the matter of Akhil Bhartiya Prathmik Shikshak Sangh Bhawan Trust [2007 (8) TMI 386 - ITAT DELHI-G] held that 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 AO and, therefore levy of penalty under section 271(1 )(b) was not justified - Decided in favour of the assessee.
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