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2023 (7) TMI 992 - ITAT DELHIPenalty u/s 272A(1)(d) - non-compliance of the statutory notices - HELD THAT:- It is seen from the record that in response to the penalty notice the assessee had filed certain explanation before the Assessing Authority. However, the Assessing Authority did not consider the same. Penalty u/s 271A(1)(d) is not automatic. If the assessee could show the reasonable cause for non-compliance, in that event the AO should not levy the penalty. It is the contention of the assessee that AO through National Faceless Assessment Centre had issued notice dated 14.03.2018 and 23.08.2019 but the same were not received by the assessee. AO has not assigned any reason for not accepting the contention of the assessee. Therefore, it is not a fit case for levy of penalty. Decided in favour of assessee.
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