2024 (5) TMI 586

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....UNTANT MEMBER : This appeal by the assessee is directed against the order of the ld. CIT (Appeals)/National Faceless Appeal Centre (NFAC) dated 26.06.2023 for the assessment year 2014-15. 2. Grounds of appeal taken by the assessee read as under :- "1. That on the facts and in the circumstances of the case, the Ld. CIT (A) erred in law and facts in confirming penalty imposed of Rs. 1....

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.... ground of Appeal no.1, the Ld. CIT (A) erred in law and facts in confirming penalty imposed of Rs. 10,000/- u/s 271(1)(b) of the Act even though the Ld. AO has framed assessment u/s 147 r.w.s. 143(3) instead of 144 of the Act, which implies that subsequent compliances made by the appellant were considered as good compliance and the defaults committed earlier were ignored by him." 3. Brief fact....

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.... consideration for which date of compliance was fixed for 08.11.2019. 4. In response, the appellant vide letter dated 08.11.2019 requested the Ld. AO to adjourn the hearing as her authorized representative was out of Delhi to attend the marriage function of his relative. 5. Subsequently, the ld. Assessing Officer issued notice under section 274 r.w.s. 271(1)(b) of the Income Tax ....

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....roceedings which is also acknowledged by the Ld. Assessing Officer in the assessment order. 8. However, the Ld. AO imposed penalty of Rs. 10,000/- under section 271(1)(b) of the Act, vide order dated 06.07.2021 for failure to comply with the notice issued under section 142(1) of the Income Tax Act, 1961 dated 06.11.2019 and alleged in the impugned order." 4. Against this levy of penalt....