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ITAT upheld that the assessee failed to comply with successive...
Assessee penalized for persistent non-compliance with s.142(1); penalty under s.271(1)(b) reduced to Rs.10,000 on procedural ground while non-compliance facts upheld
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ITAT upheld that the assessee failed to comply with successive notices issued under s.142(1) and offered no reasonable explanation; non-compliance persisted during penalty proceedings and before the Ld. CIT(A). However, ITAT found the AO erred in levying a composite penalty of Rs.20,000 under s.271(1)(b), observing that under s.271(1)(b) each distinct failure attracts a separate penalty and separate notice is requisite for multiple failures. Consequentially, ITAT reduced the penalty to Rs.10,000 and partly allowed the appeal, leaving the factual finding of non-compliance intact but modifying the quantum of penalty on procedural grounds.
ITAT upheld that the assessee failed to comply with successive notices issued under s.142(1) and offered no reasonable explanation; non-compliance persisted during penalty proceedings and before the Ld. CIT(A). However, ITAT found the AO erred in levying a composite penalty of Rs.20,000 under s.271(1)(b), observing that under s.271(1)(b) each distinct failure attracts a separate penalty and separate notice is requisite for multiple failures. Consequentially, ITAT reduced the penalty to Rs.10,000 and partly allowed the appeal, leaving the factual finding of non-compliance intact but modifying the quantum of penalty on procedural grounds.
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