TaxTMI 
TaxTMI 
2022 (1) TMI 1203
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....2.1 These appeals were earlier dismissed by the Tribunal for non prosecution. Subsequently, the Tribunal vide order dated 27th October, 2021 in MAs No.544/Del/2018 to 547/Del/2018 recalled its earlier order. Hence these are recalled matters. 3. In all these appeals, the assessee has challenged the order of the CIT(A) in confirming the levy of penalty of Rs. 10,000/- each u/s.271(1)(b) of the IT Act. 3.1 First we take up ITA No.3143/Del/2015 for Assessment Year 2005-06 as lead case. The facts of the case in brief are that the assessee is an individual. A search and seizure operation u/s.132(1) of the Act was carried out at the business premises of company M/s. Asia Sugar Industries Pvt. Ltd. (Samir Thukral) group of companies and residenti....
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....hat since in the instant case also the assessments are completed u/s.143(3), therefore, the penalty levied by the Assessing Officer and sustained by the ld. CIT(A) should be deleted. 7. On the other hand, ld. DR heavily relied upon the order of the ld. CIT(A). 8. I have considered the rival arguments made by both the sides, perused the orders of the A.O. and the Ld. CIT(A) and the paper book filed on behalf of the assessee. I have also considered the various decisions cited before us. I find the Assessing Officer levied penalty of Rs. 10,000/- u/s. 271(1)(b) of the IT Act 1961 on the ground that the assessee did not comply to the notice u/s.142(1) and 143(2) and apart from filing the bank details did not appear. I find that ld. CIT(A) sus....
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....ending facts and circumstances can also not be ruled out. Moreover, the assessment orders in the present cases have been passed by the AO u/s. 153A read with section 143(3) and therefore, in view of the decision relied by assessee in case of Akhil Bhartiya Prathmik Shmshak Sangh Bhawan Trust, 115 TTJ 419, no penalty u/s. 271(l)(b) can be sustained. The relevant findings read as under: "We also find that the finally the order was passed under s. 143(3) and not under s. 144 of the Act. This means that subsequent compliances in the assessment proceedings was considered as good compliance and the defaults committed earlier were ignored by the AO. Therefore, in such circumstances, there could have been no reason to come to the conclusion that ....
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....om Limited VS DCIT ITA 738/12/2014, a coordinate bench of this tribunal while following the decision in Akhil Bharatiya Prathamik Shaikshak Sangh Bhawan trust versus ACIT deleted the penalty levied under section 271(l)(b) of the Act. Facts being similar in all these matters, while respectfully following the view taken by the coordinate benches under similar circumstances, we are of the considered opinion that the plea taken by the assessee that because of the huge work involved in furnishing information in 12 cases for 6 years constitutes a proper and plausible explanation. Further, we find that the ratio laid down in Akhil Bharatiya Prathmik Shikshack Sangh Bhawan trust's case squarely applies to the facts of this batch of cases. We, t....