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2023 (9) TMI 248 - ITAT RAJKOTLevy of penalty u/s. 271(1)(b) - non-compliance of notice issued u/s. 142(1) and not sought for any adjournment of the hearing - Assessee argued for pendency of the quantum appeal - HELD THAT:- It is undisputed fact for the AY 2011-12 assessment was completed ex-parte by passing Best Judgment Assessment u/s. 144 r.w.s. 147 by the AO - For non-compliance of notice u/s. 142(1), the A.O. has levied penalty u/s. 271(1)(b) of the Act. The assessee neither offered any explanation for non-compliance of the notice issued u/s. 142(1) nor sought for any adjournment of the hearing of the case. No reasons to interfere with the levy of penalty u/s. 271(1)(b) of the Act. Thus the grounds raised by the assessee are devoid of merits and the same is hereby dismissed. Levy of penalty u/s. 271F - assessee has filed the Return of Income after issuance of notice u/s. 148 of the Act, even though the taxable income of the assessee is higher, who is liable to file regular Return of Income u/s. 139(1) - HELD THAT:- The assessee offered no explanation before any of the lower authorities for non-filing of regular Return of Income. Therefore the assessee is liable to levy of penalty u/s. 271F of the Act. Thus the grounds raised by the assessee are devoid of merits and the same are rejected. Assessee appeals dismissed.
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