Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (10) TMI 149 - AT - Income TaxPenalty u/s 271(1) (b) - non compliance of notice u/s 142(1) - HELD THAT:- As additions were made in the hands of the assessee were not because of the reasons that assessee did not furnish the requisite information but because of search related issues. It is also shown that the assessment has been made after considering of the details filed by the assessee under Section 153A of the Act read with section 143(3) of the Act. None of the assessment order was passed under Section 144 of the Act. This clearly shows that there are materials to suggest that the learned Assessing Officer was satisfied, on the whole, overall compliance made by the assessee during the assessment proceedings. In view of this, the penalty levied by the learned Assessing Officer under Section 271(1)(b) of the Act or under Section 272A (1)(d) of the Act deserves to be cancelled. The judicial precedent cited before us of the co-ordinate Benches in case of Globus Infocom Limited [2016 (6) TMI 1304 - ITAT DELHI] and in case of DLF Commercial Enterprises [2021 (4) TMI 327 - ITAT DELHI] supported the case of the assessee. Assessee appeal allowed.
|