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2016 (7) TMI 1517 - AT - Income TaxLevy of penalty u/s 271(1)(b) - assessee not complied with the notice u/s 142(1) - HELD THAT:- Where the assessee had not complied with the notice u/s 142(1) but the assessment order was passed u/s 143(3) and not u/s 144 of the Act, that meant the subsequent compliance in the assessment proceedings was considered as good compliance and the defaults committed earlier were ignored by the AO and therefore, the levy of penalty u/s 271(1)(b) was not justified. Considering the same as well as respectfully following the decision of AKHIL BHARTIYA PRATHMIK SHIKSHAK SANGH BHAWAN TRUST. VERSUS ASSISTANT DIRECTOR OF INCOME-TAX. [2007 (8) TMI 386 - ITAT DELHI-G] and also following the principle of consistency, we are of the opinion that these are not the fit cases for invoking the provisions of section 271(1)(b) of the Act. Accordingly, grounds raised by the assessee in all the seven appeals are allowed.
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