Penalty u/s 271(1)(b) deleted as assessment was framed u/s 143(3) proving cooperation from assessee

Penalty u/s 271(1)(b) deleted when assessment was framed u/s 143(3) proving that the assessee had cooperated in the assessment proceedings

ABCAUS Case Law Citation:
ABCAUS 2972 (2019) (05) ITAT

Important Case Laws Cited/relied upon by the parties:
Pramila Kumari Vs DCIT (2011) 49 CCH 0401

In the instant set of appeals filed by respective assessee(s) they had challenged the orders of Commissioner of Income Tax (Appeals).

The only grievance in these batch of appeals was levy of penalty of Rs. 10,000/- u/s 271(1)(b) of Income Tax Act, 1961 (the Act) for non compliance to the notices issued by the Assessing Officer (AO) during the course of assessment proceedings.

The Tribunal noted that the assessment had been framed u/s 153A r.w.s. 143(3) of the Act.

The Tribunal opined that in all cases as the assessment orders had been framed u/s 143(3) of the Act, it proved that the assessee had cooperated in the assessment proceedings.

Accordingly, the Tribunal deleted the penalty of Rs. 10,000/- levied u/s 271(1)(b) of the Act.

Download Full Judgment Click Here >>