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2017 (9) TMI 1922 - AT - Income TaxLevy of penalty u/s 271(1)(b) - non-compliance of certain notices issued to the assessee by the Assessing Officer from time to time - assessment has been completed u/s 143(3), wherein the revised return filed by the assessee declaring loss has been accepted by the Assessing Officer after calling for various records from the assessee - HELD THAT:- Though there may have been non-compliance on certain dates/notices, but ultimately all the due compliance and replies have been filed by the assessee and had participated in the proceedings through its authorised representatives before the AO. Before the ld. CIT (A), assessee had contended that the time allowed for compliance of notice dated 30/9/2014 was not sufficient and questionnaire also were not specific, therefore, assessee could not make proper compliance. However, later on assessee had filed all the details, which have been duly examined and accepted by the AO. Penalty under section 271(1)(b) for non-compliance of particular notice is merely technical and venial in nature, and therefore, we do not find that it fit to be case for levy of penalty u/s 271(1)(b). Accordingly, penalty levied by the Assessing Officer and as confirmed by the ld. CIT (A) is deleted. - Appeal of the assessee is allowed.
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