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2013 (3) TMI 815

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..... see against the order of Commissioner of Income Tax (Appeals)-IX, Chennai, dated 30.8.2012 for the Asst. Year 2009-10. The only grievance of the assessee in this appeal is that the Commissioner of Income Tax (Appeals) erred in confirming the penalty of A.10,000/- levied by the Assessing Officer under sec.271(1)(b) of the I.T. Act. 2. The Assessing Officer levied penalty of A.10,000/- under sec.271 .....

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..... t was completed under sec.143(3) of the Act and, therefore, since he has cooperated with the assessment proceedings complying with the notices subsequently issued and since the assessment was made under sec.143(3) of the Act and it was not an ex-parte assessment under sec.144 of the Act, the Assessing Officer should not have levied penalty under sec.271(1)(b) of the Act. He placed reliance on the .....

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..... ers of lower authorities. 6. We have heard both sides. Perused the materials on record and the orders of authorities below. We have gone through the decisions relied on by the Counsel for the Assessee. In both these decisions, the Tribunal held that when an assessment has been made under sec.143(3) and not under sec.144 of the I.T. Act, it means that subsequent compliance in the assessment proceed .....

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