2012 (12) TMI 1099

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....Shri Mohit Jain ORDER: PER RAJENDRA SINGH, AM: This appeal of the assessee is directed against the order dated 4.10.2011 of CIT(A) for the assessment year 2005-06. The only dispute raised in this appeal is regarding levy of penalty under section 271(1)(b) of the Income tax Act, 1961 (the Act) for non compliance of statutory notice. 2. The facts in brief are that the AO during the asses....

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....liberate non-compliance. CIT(A) however did not accept the contentions raised and held that the assessee had committed default for which no reasonable cause had been given. He, therefore, confirmed the penalty, aggrieved by which the assessee is in appeal before the Tribunal. 3. Before us, the ld. AR submitted that the assessee could not appear on 20.10.2009, and the AO had written further lett....

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.... of authorities below. 4. We have perused the records and considered the matter carefully. The dispute is regarding levy of penalty under section 271(1)(b) for non-compliance of statutory notice on 20.10.2009. A perusal of the assessment order shows that after the said noncompliance, the AO vide letter dated 22.10.2009 had requested the assessee for immediate compliance followed by further lett....