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2022 (11) TMI 1052 - AT - Income TaxPenalty imposed u/s 271(1)(b) - default in not responding to the notice issued u/s 142(1) - allegation of non-service of notices - HELD THAT:- Assessee was completed u/s 144 r.w.s. 153C of the Act which clearly shows that the Assessing Officer completed the said assessment for best of his judgment in the absence of assessee u/s 144. On careful reading of the ITAT’s order in the case of M/s. Sterlight Fincom Pvt. Ltd. [2022 (9) TMI 1391 - ITAT NAGPUR] which held when there is no notice properly served on the assessee, there can be no question of imposing or confirming any penalty u/s 271(1)(b) of the Act and ordered to delete the penalty impose thereof. Thus findings of Tribunal is applicable to the facts of the present case on hand and by applying the same hold that the Respondent-Revenue could not show any evidence establishing that the notices were served on the assessee properly. Thus, a penalty u/s 271(1)(b) of the Act as confirmed by the CIT(A) is set-aside. Thus, grounds of appea raised by the assessee are allowed.
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