2022 (11) TMI 1052

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....nsolidated order for the sake of convenience. 3. First, I shall take up ITA No.245/NAG/2017 for the A.Y. 2002-03 filed by the assessee. 4. The assessee raised four grounds of appeal amongst which the only issue emanates for my consideration is whether the CIT(A) is justified in confirming the penalty imposed u/s 271(1)(b) of the Act in the facts and circumstances of the case. 5. I note that the assessee is a company and subjected to search for the abovementioned assessment years. In pursuance of said search, the Assessing Officer initiated proceedings u/s 153C of the Act by issuing notice u/s 142(1) of the Act dated 03.11.2009 along with a questionnaire to the assessee calling for certain details by 06.11.2009. Having no compliance....

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....271(1)(b) of the Act. The ld. AR, Shri S. C. Thakar placed on record The ld. AR submits that no notices were served on the assessee in assessment proceedings as well as penalty proceedings and argued vehemently Shri Chaitanya Kochar who is neither concerned person to receive notices on behalf of the assessee nor director or a shareholder in the assessee company. He submits that since notices not served on the assessee, the penalty imposed by the Assessing Officer as confirmed by the CIT(A) is not maintainable and drew my attention to the paragraph 3 of ITAT's order dated 21.09.2022. 8. The ld. DR submits that Shri Chaitanya Kochar is the relevant person and drew my attention to the remand report and argued that the Assessing Officer in h....