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2021 (3) TMI 458 - AT - Income TaxPenalty levied u/s. 271(1)(b) - non compliance of notice issued u/s. 142(1) - addition on account of cash deposits in two bank accounts where the assessee is the first account holderwhile passing the assessment u/s. 144 - HELD THAT:- In response to the notices issued u/s. 142(1), the representative of the assessee has appeared and filed reply and stated that the similar notice regarding cash deposit in case of her husband has also been issued. In the said reply, the assessee sought time to file her return of income however there was no further response on the part of the assessee. Accordingly, the Assessing Officer issued another notice dated 10.12.2018 giving final opportunity to assessee to explain the cash deposit in the bank account but there was no compliance, consequently Assessing Officer framed the assessment u/s. 144 and also initiated the penalty proceedings u/s. 271(1)(b) of the Act. All the bank accounts are in the joint name of the assessee and her husband. The explanation and addition made in the hand of the husband of the assessee would be relevant and shall have a bearing in the case of the assessee. The quantum appeals are still pending before the CIT(A) and the penalty appeals have been dismissed by the CIT(A) by ex parte order. Therefore, in the facts and circumstances of the case, where all the bank accounts are in the joint name and the Ld. CIT(A) has passed the impugned ex parte order without deciding the quantum appeals the matter is set aside to the record of the CIT(A) for deciding the same afresh after adjudication of the quantum appeals and giving more opportunity of hearing to the assessee. Appeal of the assessee is allowed for statistical purposes.
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