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2022 (11) TMI 1016 - ITAT BANGALOREPenalty proceedings u/s 271D - Assessee settled the matter under VSVS 2020 for appeal filed as against the assessment u/s 143(3) - independent of assessment proceedings - HELD THAT:- The penalty imposed u/s 271D of the I.T.Act is independent of assessment proceedings completed u/s 143(3) - Even without completion of assessment u/s 143(3) of the I.T.Act, penalty u/s 271D of the I.T.Act can be imposed for violation of provisions of section 269SS of the I.T.Act. The penalty proceedings u/s 271D of the I.T.Act is unconnected with the assessment order passed u/s 143(3) of the I.T.Act. The assessee in the instant case has only settled the matter under VSVS 2020 insofar as the issues that are raised in the appeal filed as against the assessment u/s 143(3) of the I.T.Act. the assessee has not settled the penalty imposed u/s 271D under VSVS 2020. CIT(A) has erred in rejecting the appeal of the assessee stating that the issue raised in the appeal has become infructuous and the same has been dismissed as infructuous. The issue is restored to the files of the CIT(A). The CIT(A) is directed to adjudicate the grounds raised before him as regards the merits of imposition of penalty u/s 271D of the I.T.Act. Appeal filed by the assessee is partly allowed for statistical purposes
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