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2015 (5) TMI 1196

..... proceedings were initiated subsequently and the requisite details were filed as and when called for. The coordinate Bench-D Ahmedabad in the case of Swarnaben M. Khanna vs. D.C.I.T. (2009 (12) TMI 669 - ITAT AHMEDABAD ) we hold that neither the A.O. nor the Ld. C.I.T.(A) has made out a case for sustaining the penalties. Accordingly, the penalties in all these assessment years for all the assessee are cancelled decided the issue in favour of the assessee has decided the issue in favour of the assessee and against the Revenue - ITA No. 2541/Ahd/2011 - 13-5-2015 - SHRI N.S.SAINI ACCOUNTANTMEMBER AND SHRI KUL BHARAT JUDICIAL MEMBER For the Appellant : Shri K. M. Mehta, A.R. For the Respondent : Smt. Sonia Kumar, Sr. D.R. ORDER Per Shri Kul Bhar .....

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..... he proceedings subsequently no penalty u/s. 271(1)(b) is leviable. 6. On the contrary Sr.D.R. vehemently opposed the submission of the assessee and supported the orders of the authorities below. 7. We have heard the rival submissions, perused the material and relevant reports. We find that the Assessing Officer imposed the penalty u/s. 271(1)(b). However, it is not disputed that the assessment proceedings were initiated subsequently and the requisite details were filed as and when called for. The coordinate Bench-D Ahmedabad in the case of Swarnaben M. Khanna vs. D.C.I.T. (2010) 37 SOT (25) decided the issue in favour of the assessee has decided the issue in favour of the assessee and against the Revenue by holding as under:- We have consid .....

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..... e compliance sought by the AO. Vide letter dated 14-8-2007 containing five pages from Shri Kaushal M. Khanna as similar compliance was sought by him from others as well. If there is apparent impossibility of compliance or compliance could take naturally long time, then the A.O. is expected to give adequate time to the assessee before he infers that they are tending to non-compliance and avoiding to furnish information. The statutory provision for levy of penalty is not for mere technical non-compliance but for actual or habitual defaulters. On the face of present facts where the Assessing Officer has hastily proceeded to initiate penalty proceedings in all the cases, it is difficult to infer that these assessees were intending to make non-c .....

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