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Filing Adjournment Under Section 142(1) Is Valid Compliance, No Penalty Under Section 272A(1)(d)

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Full Text of the Document

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....The ITAT held that filing an adjournment application in response to a notice issued under section 142(1) does not constitute non-compliance under section 272A(1)(d). The assessee had replied to the notice seeking additional time, and there was no evidence that this request was rejected by a speaking order from the AO. The CIT(A) upheld the penalty without addressing the fact that the adjournment request was unconsidered. Consequently, the Tribunal concluded that the assessee made a valid compliance by responding to the notice, negating any willful avoidance. The penalty imposed under section 272A(1)(d) was therefore quashed, and the appeal was allowed.....