2025 (2) TMI 1436

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....)(d) imposed on the assessee by the Assessment Unit Income Tax Department, vide their order dated 19.08.2012. 2. The assessee has raised following grounds of appeal: "1. That having regard to the facts and circumstances of the case, the CIT(A) has erred in law and on facts that order passed by the A.O. is in bad in law and against the cannon of taxation. 2. That having regards to facts and circumstances of the case the CIT(A) has vitlated by the fact finding and reached on wrong conclusion not based on any relevant default. The Assessing officer in assessment order in point no. 03 on page 02 himself accepted "another notice u/s 142(1) was issued to the assessee on 02/11/2019 to file the requisite information on or befor....

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....nd on facts by not providing proper opportunity of being heard and to adduce evidence and therefore the additions have been made against the principles of natural justice as per law. 6. The Appellant craves the leave to add, modify, amend or delete any of the Grounds of appeal at the time of hearing and all the grounds are without prejudice to each other." 3. Brief facts of the case are that the appellant is an individual and filed her return of income for the AY 2017-18 on 30/03/2018 declaring total income of Rs. 3,13,460/-. Appellant is a proprietor of M/s Gauhar Jewel Boutique engaged in the business of trading of ornaments, precious stones and artificial jewellery etc. The case was selected under scrutiny under CASS and asse....

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....ion made by the Assessing Officer and therefore, it amounts to acceptance of the explanation of the assessee filed during the assessment proceedings. Hence, in the facts and circumstances of the case and in view of Section 273B of the Act when the assessee has finally complied with the notice issued by the Assessing Officer the penalty is not imposable as the explanation filed by the assessee was finally found to be correct and accepted in the quantum appeal. Consequently, the penalty levied u/s. 271(1)(b) of the Act is deleted." 6. Thus the ld.AR submits that when the assessment was completed u/s 143(3) of the Act, the AO is deemed to have condoned the absence of the assessee or his authorized representative on earlier occasion when sub....