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TMI Blog2022 (11) TMI 1052X X X X Extracts X X X X X X X X Extracts X X X X ..... ence. 3. First, I shall take up ITA No.245/NAG/2017 for the A.Y. 2002-03 filed by the assessee. 4. The assessee raised four grounds of appeal amongst which the only issue emanates for my consideration is whether the CIT(A) is justified in confirming the penalty imposed u/s 271(1)(b) of the Act in the facts and circumstances of the case. 5. I note that the assessee is a company and subjected to search for the abovementioned assessment years. In pursuance of said search, the Assessing Officer initiated proceedings u/s 153C of the Act by issuing notice u/s 142(1) of the Act dated 03.11.2009 along with a questionnaire to the assessee calling for certain details by 06.11.2009. Having no compliance, the Assessing Officer issued notice u/s 271( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r placed on record The ld. AR submits that no notices were served on the assessee in assessment proceedings as well as penalty proceedings and argued vehemently Shri Chaitanya Kochar who is neither concerned person to receive notices on behalf of the assessee nor director or a shareholder in the assessee company. He submits that since notices not served on the assessee, the penalty imposed by the Assessing Officer as confirmed by the CIT(A) is not maintainable and drew my attention to the paragraph 3 of ITAT's order dated 21.09.2022. 8. The ld. DR submits that Shri Chaitanya Kochar is the relevant person and drew my attention to the remand report and argued that the Assessing Officer in his remand report discussed the role of the said Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s 271(1)(b) of the Act as confirmed by the CIT(A) is set-aside. Thus, grounds of appeal no.1 to 4 raised by the assessee are allowed. 10. In the result, the appeal of the assessee in ITA No.245/NAG/2017 for A.Y. 2002-03 is allowed. ITA Nos.246 to 251/NAG/2017, A.Ys. 2003-04 & 2008-09 : 11. Since the facts and issues involved in the above seven appeals are identical, therefore, our decision in ITA No.245/NAG/2017 for A.Y. 2002-03 shall apply mutatis mutandis to the remaining six appeals of the assessee in ITA Nos.246 to 251/NAG/2017 for A.Ys. 2003-04 and 2008-09 respectively. Accordingly, the remaining six appeals of the assessee in ITA Nos.246 to 251/NAG/2017 for A.Ys. 2003-04 and 2008-09 are allowed. 12. To sum up, all the above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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