9911796707
TMI Blog2021 (5) TMI 172X X X X Extracts X X X X X X X X Extracts X X X X ..... appeals by the assessee are directed against the confirmation of penalty of Rs. 10,000/- each u/s.271(1)(b) of the Income-tax Act, 1961 (hereinafter also called `the Act') by the ld. CIT(A) through his separate orders, all dated 10-08-2017 in relation to the assessment years 2007-08, 2008-09 and 2009-10. Since these appeals involve common factual scenario and similar grounds, we are, therefore, p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave heard the ld. DR through Virtual Court and gone through the relevant material on record. There is no appearance from the side of assessee despite notice. As such, we are proceeding to dispose of the appeals ex parte qua the assessee. From the facts narrated in para 3.1 of the impugned order, it can be seen that the assessee maintained regular books of account which were audited. Consequent up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ince such proceedings were carried out at Nagpur. Thereafter, the record was carried to Shri Abhay Gundecha, Chartered Accountant in Pune for filing of appeals against the order passed u/s.263 of the Act. Because of these proceedings, the relevant records were frequently moved from Nashik, Pune and Nagpur depending upon the necessity where these were required. In view of this peculiar situation, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discussed hereinabove. This being a reasonable cause has brought the case within the ambit of section 273B of the Act. We, therefore, order to delete the penalty imposed by the AO and confirmed in the first appeal in respect of all the three years under consideration.
4. In the result, all the appeals are allowed.
Order pronounced in the Open Court on 16th March, 2021. X X X X Extracts X X X X X X X X Extracts X X X X
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