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2021 (1) TMI 638 - AT - Income TaxPenalty u/s 271(1)(b) - non-compliance of notice u/s 142(1) - HELD THAT:- Assessee was non-cooperative and in default so as to attract penalty under section 271(1)(b) - In the case laws relied upon by assessee cited ITAT held that when an assessment was made under section 143(3) and not under section 144 subsequent compliance in the assessment proceedings was considered as good compliance so as to mitigate one single instance of default committed earlier, and ignored by the AO while framing assessment under section 143(3), levy of penalty under section 271(1)(b) is not justifiable. We do not find any compelling reasons to impose penalty under section 271(1)(b) and therefore, we delete the same and cancel the orders of the Revenue’s authorities passed under section 271(1)(b). Appeal of the assessee is allowed.
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