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Karnavati Car Air-Conditioners (P) Ltd. Versus I.T.O. Ward-4 (2) , Ahmedabad

2012 (5) TMI 730 - ITAT AHMEDABAD

Penalty u/s 271(1)(b) - Held that:- Assessee attended the assessment proceedings from time to time and furnished the details as called for by the Assessing Officer by issuing notice under Section 142(1) of the Act and on the basis of those details, the income shown by him was accepted. In the light of this undisputed fact of the case, it cannot be said that the assessee did not comply with the notices served upon him by the Assessing Officer. We further find that the provisions of Section 271(1) .....

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-2012 - Shri D.K.Tyagi, Judicial Member and Shri A. Mohan Alankamony, Accountant Member Respondent Shri K. Madhusudan, Sr. D.R. O R D E R PER : D.K.Tyagi, Judicial Member This is an assessee s appeal directed against the order of ld. CIT (A)- VIII, Ahmedabad, dated 15.09.2011 for assessment year 2007-08. 2. The assessee is aggrieved by the order of ld. CIT(A), confirming the order of A.O., imposing penalty under Section 271(1)(b) of the Act. At the time of hearing, the application for adjournmen .....

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se accordingly vide this office letter dated 28th July, 2009. It is pertinent to mention here that the assessee even failed to comply with the show case letter issued. In view of the above facts and circumstances of the case, it is clear that the assessee has willfully and without any sufficient cause failed to comply with the notices issued u/s 143(2)/142(1) of the act by not furnishing requisite information/documents/clarification etc., as per ratio laid down in the case of Gujarat Travancore .....

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he assessee has furnished copy of return of income, copy of statutory audit report, tax audit report and other related papers besides the details as ITA No. 2837/Ahd/2011 A.Y.2007-08 Page 3 called for during the assessment proceedings, which are kept on record after due verification. 3. The Assessee Company is engaged in the business of trading, repairing and fitting of car air conditioners. During the year under consideration, the assessee company has shown total sale of ₹ 24481390/- excl .....

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