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.
Empanelment to act as ICAI exam observers for January 2027 CA Examination. Last date to apply is 20.11.2026 Empanelment of…
No arrest under GST- Major decision taken in 57th Meeting of the GST Council on 8th October 2026 PRESS RELEASE…
A subsequent Apex Court ruling on the substantive issue cannot retrospectively make an act done in compliance of a binding…
Interest payment on mobilisation advance to NHAI not liable for deduction of tax at source u/s 194A - ITAT Interest…
Typographical error in turnover declared in ITR was not as a mistake apparent from the record u/s 154 when AO…
Ground taken by assessee that he was not aware of the order cannot be brushed aside so lightly in absence…