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2019 (10) TMI 721 - AT - Income TaxPenalty u/s 271(1)(b) - Non compliance of notice under section 142(1) - HELD THAT:- When the AO has sought the information as in the query letter attached to the notice under section 142(1) dated 07.08.2015 and same was repeated in the subsequent occasions, then it will constitute only one default and not five defaults as the information sought by the AO is the same and non compliance by the assessee to furnish the said information would amount to one default. Accordingly, following the order of the Delhi Benches of the Tribunal in case of Smt. Rekha Rani vs. DCIT [2015 (5) TMI 1100 - ITAT DELHI] it will constitute only one default, hence, the penalty levied by the AO for five defaults is restricted to one default and the balance amount of ₹ 40,000/- is deleted. As regards the other pleas raised by the assessee, it is manifest from the record that the AO has clearly mentioned in the assessment order the default/non-compliance to the notice issued under section 142(1) and further in reply to show cause notice, the assessee has not taken this plea that it has not received the notice issued under section 142(1). As regards the reasonable and bonafide explanation, once the AO has sent the notice five times which means 1st notice and 4 reminders and all of these notices remained non-complied by the assessee, then this plea of bonafide and reasonable explanation cannot be accepted.
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