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2016 (3) TMI 1100

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....(Accountant Member) This appeal filed by assessee is against the order of CIT(A)-XVI, Ahmedabad, dated August 12, 2011 for the assessment year 2008-09 confirming penalty levied u/s.271(1)(b) of the Act. 2. The relevant facts as culled out from the materials on record are as under: 3. Assessee is an individual stated to be engaged in the business of plastic bags in the name and style of M/s. Bag....

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....fore the ld. CIT(A) who vide order dated 12.08.2011 (in Appeal No. CIT(A) -XVI/ITO/Wd.-11(4)/208/10-11) dismissed the appeal of assessee. Aggrieved by the order of ld. CIT(A), assessee is now in appeal before us and has raised following grounds: "1. That the CIT(A) has erred in holding that assessee did not have reasonable cause. 2. That on facts & in law learned CIT(A) ought to have deleted t....

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.... case is with respect to levy of penalty u/s.271(1)(b) of the Act on account of non-appearance of assessee in response to notices issued u/s.142(1) of the Act by the A.O. In the present case, we find that the assessment has been framed u/s.143(3) of the Act and further the income returned by the assessee has been accepted by A.O. without making any additions. We further find that the Co-ordinate B....