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2017 (2) TMI 639 - AT - Income TaxLevy of penalty u/s 271(1)(b) r.w.s. 274 - assessing officer has completed assessment u/s 143(3) r.w.s. 153C - non-appearance for hearing by assessee - Held that:- Following the coordinate bench decision, in the case of Pillala Ramakrishna Rao Vs. ACIT (2016 (10) TMI 552 - ITAT VISAKHAPATNAM) we are of the view that the reasons given by the assessee for non-appearance for hearing as on the date of hearing appears to be reasonable and bonafide. The A.O. has given short period of 7 days to 26 days to furnish various information in connection with search assessment. Though, the assessee failed to appear on initial days, he had furnished all the information and the A.O. has completed assessment u/s 143(3) r.w.s. 153C of the Act. Therefore, we are of the view that the A.O. was erred in levying penalty for initial failure to comply with statutory notices u/s 143(2) & 142(1) of the Act, despite the fact that the assessee had fully cooperated for completion of assessment proceedings. Therefore, we direct the A.O. to delete penalty levied u/s 271(1)(b) of the Act, for the assessment years 2007-08 to 2013-14.- Decided in favour of assessee
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