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2024 (2) TMI 456 - ITAT DELHIPenalty levied u/s 272(1)(d) - non-compliance of notice issued u/s 142(1) - assessee mentioned that due to some internal problems in the organization between October and November, 2019, no reply could be filed during the assessment proceedings and thereafter, once the issue got resolved in the organization, the replies were filed on 09.12.2019 before the AO for completing the assessment proceedings - HELD THAT:- As notice u/s. 272(1)(d) issued for the default in the responding to the notices issued during assessment proceedings u/s. 142(1) dated 23.10.2013 for 30.10.2019, u/s. 142(1) dated 5.11.2019 for 8.11.2019 and u/s. 142(1) dated 20.11.2019 for 22.11.2019, reply to the penalty notice filed on 10.12.2019 Stating that” as no responsible person was available to file thee reply so reply could not be filed”, but the same is not accepted by AO and penalty of Rs. 30000 imposed vide order dated 29.06.2021. As per the provisions of u/s. 273B it can be considered as a reasonable cause. Hence, penalty is hereby obliterated. Decided in favour of assessee.
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