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2021 (9) TMI 296 - AT - Income TaxLevy of penalty u/s 271(1)(b) for non-compliance to the notice issued u/s 142(1) - HELD THAT:- It is an undisputed fact that the assessment order for A.Y. 2015-16 has been passed u/s 143(3) - We find in the case of Akhil Bhartiya Prathmik Shikshak Sangh Bhawan Trust [2007 (8) TMI 386 - ITAT DELHI-G] has held that when the order is passed u/s 143(3) of the Act and not under section 144 of the Act, it would mean that subsequent compliance in assessment proceedings are considered to be a good compliance and defaults committed earlier are ignored by Assessing Officer and in such circumstances, there could be no reason to come to the conclusion that the default was willful. We find that the facts in the case under consideration to be identical to that of Akhil Bhartiya Prathmik Shikshak Sangh Bhawan Trust (supra) and in such a situation, we relying on the aforesaid decision held that penalty imposed u/s 271(1)(b) of the Act was not warranted more so, when the assessment order has been passed u/s 143(3) - Decided in favour of assessee.
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