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Arvindbhai Chandulal Shah Prop: Chedul Jewellers Versus ITO, Ward-11 (3) , Ahmedabad

2016 (3) TMI 1099 - ITAT AHMEDABAD

Penalty u/s 271(1)(b) - failure in complying to scrutiny notices u/s. 142(1) r.w.s. 143(2) - Held that:- It emerges from the assessment order that the assessee had filed part details on 30-11-2007 in furtherance to notice dated 11-11-2007. Neither of the lower authorities rebut this factual position. There is further no dispute that assessee has expressed his inability to produce the relevant records sought for because of non-availability thereof. The Assessing Officer framed assessment u/s. 143 .....

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order passed u/s. 143(3) of the Act is a sufficient compliance of scrutiny notices. We draw support therefrom and accept assessee’s argument in challenging the impugned penalty. The Revenue’s submission supporting the same stands rejected accordingly - Decided in favour of assessee - ITA No. 553/Ahd/2013 - Dated:- 9-3-2016 - Pramod Kumar (Accountant Member) And S. S. Godara, (Judicial Member) Revenue by : Somugyan Pal, Sr. D.R. Assessee by : Aseem Thakkar, A.R. ORDER S. S. Godara (Judicial Memb .....

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-. The same was summarily processed. The Assessing Officer thereafter took up scrutiny. We find from the assessment order dated 04-11-2008 that he allegedly issued 13 notices from 21- 06-2007 to 07-10-2008 u/s 142(1) r.w.s. 143(2) of the Act except the last one issued for initiating the impugned penalty proceedings. We find from the assessment order that the assessee had submitted part details sought for in furtherance to the one dated 21-11-2007. The Assessing Officer was in scrutiny processing .....

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09 working out the total taxable income as ₹ 5,13,243/-. Quantum proceedings appear to have attained finality at this stage. 4. We come to the impugned penalty proceedings. The assessee filed his submission on 22-03-2011 inter alia pleading therein that his explanation qua the above stated bank deposits was non-availability of the relevant slip books, cheque books and other details. He submitted that once that was the case, the Assessing Officer ought to have framed assessment at that stag .....

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