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2018 (2) TMI 167 - AT - Income TaxPenalty u/s 271(1)(b) - held that:- As per section 271(1)(b) of the Act, the Assessing Officer or the ld. CIT, if satisfied that any person fails to comply with the notice u/s 142(1) of the Act, then a sum of ₹ 10,000/- for each failure has to be levied, In the present case, the assessee having complied with all the notices u/s 142(1) of the Act and there is a reasonable cause u/s 273B of the Act, therefore, no penalty u/s 271(1)(b) of ht Act can be levied. Assessment in the present case has already been completed for the impugned A.Y. u/s 152A r.w.s 143(3) of the Act for assessment year 2006-07 to 2011-12 and u/s 143(3) of the Act for assessment year 2012-13 vide order dated 27.02.2015 has been completed where the additions in different years have been made as is evident from the orders placed at pages 171 to 257 of the ld. CIT(A) against the order of assessment u/s 153A/143(3) dated 28.03.2016. Thus order having been passed u/s 153A/143(3) of the Act we set aside the impugned penalty order and direct the Assessing Officer to delete the penalty. Thus, all the grounds raised by the assessee are allowed.
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