TMI Blog2015 (9) TMI 1653X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the AO. Subsequently, the assessment was completed vide order dated 26.12.2011 which speaks that the assessee attended the hearing from time to time and the case was also discussed with them. The situation speaks that the assessee filed the details before the AO and thereafter the assessment order dated 26.11.2011 has been finalized. This can be considered as sufficient compliance and the default committed, if any, earlier has been ignored by the AO. Therefore, in the said circumstances, the penalty levied u/s 271(1)(b) is not liable to be leviable - also reasonable cause on account of busy in the month of September on account of tax audit is apparent on record. Penalty deleted - Decided in favour of assessee. - I.T.A. No.458 to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cord. The ld. Counsel of the assessee has argued that the notice u/s 142(1) was issued for the hearing on 13.9.2011 but the assessee s representative submitted the explanation stating therein that the representative of the assessee would be unable to appear before him because he was pre-occupied with tax audits and subsequently, the assessment was completed under section 153A/143(3) vide order dated 26.12.2012 in the presence of assessee s representative. Therefore, under the said facts and circumstances of the case, there is no failure on the part of the assessee which attract the penalty under the provisions contend in section 271(1)(b) of the Act, hence, the order of the AO as well as ld.CIT(A) are liable to be set aside and the appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arefully, we came into the notice that the factual position is not disputed before us such as the AO has issued a letter dated 29.8.2011 requiring the presence of the assessee on 7.9.2011 and the assessee requested for adjournment of 15 days vide letter dated 7.9.2011 due to shortage of time. Thereafter, the AO refused to adjourn the case and issued a show cause notice for penalty u/s 271(1)( b) requiring the attendance on 13.9.2011 and the assessee again requested for adjournment by the letter dated 12.9.2011 explaining the reasons that in the months of September, the tax audit was going on, therefore, the assessee was having short time. But, in the said circumstances, the AO imposed the penalty of ₹ 10,000/- u/s 271(1)(b). Now, it i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
