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2021 (5) TMI 354 - ITAT PUNEPenalty proceedings u/s. 271B - not auditing the account of the assessee and not furnishing the same within the due date - Assessee argued that this penalty was imposed on the basis of assessment completed u/s. 144 of the Act, since the said assessment is no more in existence on record and the penalty imposed thereon is not maintainable but agreed to remand the issue to the file of Assessing Officer for its fresh adjudication in terms of the order of this Tribunal in relation to the original assessment proceedings passed u/s. 144 - HELD THAT:- As DR did not report any objection in remanding the matter to the file of Assessing Officer for its fresh adjudication. We find force in the argument of the Ld. AR in remanding the issue to the file of the Assessing Officer and accordingly, the issue is remanded to the file of the Assessing Officer for its fresh adjudication. The assessee is at liberty to file its evidences, if any, in support of its contentions.
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