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2014 (1) TMI 797 - ITAT RAJKOTPenalty u/s 271(1)(b) - Held that:- There was service of notice u/s 142(1) through affixture of notice at the residential premises of the assessee - The Department could not serve the notice through speed post as the same were returned by the Postal Authority with the remarks "Left" - This clearly indicates that at the relevant time the assessee was not residing at the said address - This is not a fit case for levying penalty u/s 271(1)(b) of the Income-tax Act, 1961 - Therefore, penalty of Rs.10,000/- levied by the Assessing Officer u/s 271(1)(b) of the Income-tax is hereby cancelled – Decided in favour of assessee.
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