2025 (4) TMI 1481

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....Respondent : Sh. Om Prakash, Sr. DR ORDER PER AVDHESH KUMAR MISHRA, AM The appeal of the assessee for the Assessment Year (hereinafter, the 'AY') 2016-17 is directed against the order dated 14.08.2024 passed by the Additional/Joint Commissioner of Income Tax (Appeals)-9, Mumbai [hereinafter, the 'Addl. CIT(A)']. 2. The sole issue in dispute before us is in respect of levy of penalty of....

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....ion was drawn to the fact that the penalty notice under section 271(1)(b) of the Act was initiated vide show-cause notice dated 24.09.2018, which was compiled with by the assessee on 04.10.2018. Thereafter, the AO, without issuing any further penalty notice, levied the penalty on 20.03.2019 observing that the assessee did not ensure compliance to the show-cause notice issued under section 271(1)(b....

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.... Ltd. 83 ITR 26 has held that an order-imposing penalty for failure to carry out a statutory obligation is the result of a quasi-criminal proceedings and penalty will not ordinarily be imposed unless the party obliged either acted deliberately in defiance of law or was guilty of conduct contumacious or dishonest or acted in conscious disregard of its obligation. As discussed above, we have taken n....