TMI Blog2021 (7) TMI 412X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment for assessing the deposits made in the bank account of the assessee as the assessee was not having any other source of income to be declared in the return of income. Therefore, the non-compliance on the part of the assessee is due to the reason of not receiving the notice issued by the A.O. Once the assessee has settled his dispute arising from the quantum proceedings under Vivad se Vishwas Scheme, 2020 and explained the reasonable cause for default or failure in compliance of the notice issued by the A.O u/s 142(1) then the case of the assessee falls u/s 273B of the Income Tax Act. Accordingly, in the facts and circumstances of the case when the assessee has explained a reasonable cause for failure to comply with the notices issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med u/s 144 of the I.T. Act Further, the appellant has failed to lead any clarification tor such non-compliance. The penalty so levied is perfectly justified. The appeal is dismissed. is wholly incorrect and erroneous so the order passed by him is bad and deserved to be struck down. 3. BECAUSE in view of the admitted fact that due to change of place of residence, no notice as also the reassessment order/ penalty orders were served upon the appellant, accordingly the alleged non-compliance as also failure to lead any clarification for such non-compliance is wholly in baseless and arbitrary too. 4. BECAUSE all the facts and circumstances having been placed before the CIT(A) during the course of appellate proceedings, h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee cannot take the plea of non service of notices. Thus, the ld. D.R has submitted that the assessee has committed the default in compliance of notice issued by A.O u/s 142(1) of the Income Tax Act and was liable for levy of penalty u/s 271(1)(b) of the Act. He has relied upon the orders of the authorities below. 4. I have considered the rival submissions and as well as relevant material available on record. The Assessing Officer has reopened the assessment by issuing notice u/s 148 on 31st March, 2016 to assess the income on account of deposits made in the saving bank account of the assessee of ₹ 11,68,000/-. The assessee has not filed any return of income for the year under consideration either u/s 139(1) or in response ..... X X X X Extracts X X X X X X X X Extracts X X X X
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