The Tax Publishers2020 TaxPub(DT) 4711 (Mum-Trib)

INCOME TAX ACT, 1961

Section 271(1)(b)

In the assessment order passed under section 143(3) read with section 147, AO himself acknowledged that notice under section 142(1) was issued and served on assessee and in response, assessee had made his submission, through mail, which clearly indicated that assessee had complied with notices issued under section 142(1), therefore, penalty levied under section 274 read with section 271(1)(b) was not proper and justifiable.

Penalty under section 271(1)(b) - Leviability - Alleged failure to furnish details called for under section 142(1) - AO himself in the order passed under section 143(3) acknowledged that notice under section 142(1) was issued and served on assessee and in response, assessee had made his submission, through mail

AO on the ground of alleged failure to furnish details called for under section 142(1), levied penalty under section 271(1)(b). Held: In the assessment order passed under section 143(3) read with section 147, AO himself acknowledged that notice under section 142(1) was issued and served on the assessee and in response, assessee had made his submission, through mail, which clearly indicated that assessee had complied with notices issued under section 142(1), therefore, penalty levied under section 274 read with section 271(1)(b) was not proper and justifiable.

REFERRED :

FAVOUR : In assessee's favour

A.Y. : 2012-13


INCOME TAX APPELLATE TRIBUNAL RULES, 1963

Rule 34(5)(c)

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