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The ITAT allowed the appeal of the non-resident assessee and deleted the penalty imposed u/s 272A(1)(d) for alleged non-compliance with notice u/s 142(1). The Tribunal noted that the assessee, a resident of the United Kingdom with no income source in India for the relevant year, had not filed a return u/s 139. It found no evidence on record that the notice u/s 142(1), dated 06.01.2023, was ever served on the assessee, stressing that the statute requires valid service, not mere issuance. As the assessment was completed ex parte, the ITAT accepted that the assessee was unaware of the proceedings and held the penalty unsustainable.
The ITAT allowed the appeal of the non-resident assessee and deleted the penalty imposed u/s 272A(1)(d) for alleged non-compliance with notice u/s 142(1). The Tribunal noted that the assessee, a resident of the United Kingdom with no income source in India for the relevant year, had not filed a return u/s 139. It found no evidence on record that the notice u/s 142(1), dated 06.01.2023, was ever served on the assessee, stressing that the statute requires valid service, not mere issuance. As the assessment was completed ex parte, the ITAT accepted that the assessee was unaware of the proceedings and held the penalty unsustainable.
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