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2020 (11) TMI 304 - AT - Income TaxPenalty u/s. 271(1)(b) - Non-compliance by the assessee with respect to the statutory notices issued u/s. 142(1) - HELD THAT:- We are bound by the judicial precedent laid down by the Co-ordinate Bench of this Tribunal in the case of Akhil Bhartiya Prathmik Shikshak Sangh Bhawan Trust [2007 (8) TMI 386 - ITAT DELHI-G] wherein the Tribunal had taken a view that where the assessee had not complied with notice u/s. 142(1) of the Act but the assessment order was passed u/s. 143(3) of the Act and not u/s. 144 of the Act, that meant that subsequent compliance of assessment proceedings was considered as good compliance and defaults committed earlier were ignored by Assessing Officer and, therefore, levy of penalty u/s. 271(1)(b) was not justified. - We set aside the impugned orders in all the four appeals and direct the Assessing Officer to delete the penalty. - Decided in favour of assessee.
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