2025 (4) TMI 1697

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.... 1. The Officer below were not justified in levying & confirming the penalty levied u/s. 272A(1)(d). 2. The Officers below failed to appreciate the fact that, your appellant had complied with the notice issued u/s. 142(1) dated 02/02/2019. The assessment records would show that all the notices issued thereon have been complied with. 3. Such replies have not been verified by the A.O. from the records. 4. For the above grounds and further reasons as may be adduced at the time of hearing. Your appellant prays that the penalty levied may be cancelled. 3. Brief facts of the case are that the scrutiny assessment was completed u/s 143(3) of the Act on 30/12/2019. During the course of assessment proceedings, the notic....

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....ch could be verified from the assessment records. Further, ld. AR also submitted that if subsequent compliance accepted by the AO during the course of assessment proceeding and the AO passed an order u/s. 143(3) of the act and not u/s. 144 of the Act, the penalty u/s. 271 (1)(d) should not be levied. 8. The ld. DR on the other hand supported the orders of the authorities below. 9. We have heard the rival submissions and perused the material available on record. It is an undisputed fact that the AO has passed the assessment order u/s. 143(3) of the Act for the AY 2017-18 on 30.12.2019. During the course of assessment proceedings, the AO has observed that the notice u/s 142(1) issued on 12/02/2019 was not complied by the assessee. In fa....