Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (4) TMI 563 - AT - Income TaxPenalty u/s. 271(1)(b) - non-compliance of statutory notices issued u/s. 142(1) - assessment order passed by AO u/s. 148 r.w.s 143(3) not u/s 144 - HELD THAT:- We further note that the assessee has made part compliance and the assessment order is not passed u/s. 144, therefore, relying on the judgment in the case of Ram Commercial Enterprises Ltd [1998 (10) TMI 13 - DELHI HIGH COURT] wherein it was held that since the order was passed by the AO u/s. 143(3) and not 144. This means the subsequent compliance in the assessment proceedings was considered as good compliance and default committed earlier were ignored by AO. Therefore, it will be deemed that the assessee had made proper compliance and penalty u/s. 271(1)(b) should not be levied. - Decided in favour of assessee.
|