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2015 (5) TMI 1196 - AT - Income TaxPenalty u/s. 271(1)(b) - non-compliance of notice u/s 142(1) - HELD THAT:- We find that the Assessing Officer imposed the penalty u/s. 271(1)(b). However, it is not disputed that the assessment proceedings were initiated subsequently and the requisite details were filed as and when called for. The coordinate Bench-D Ahmedabad in the case of Swarnaben M. Khanna vs. D.C.I.T. (2009 (12) TMI 669 - ITAT AHMEDABAD ) we hold that neither the A.O. nor the Ld. C.I.T.(A) has made out a case for sustaining the penalties. Accordingly, the penalties in all these assessment years for all the assessee are cancelled decided the issue in favour of the assessee has decided the issue in favour of the assessee and against the Revenue
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