2023 (8) TMI 1709

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... For the Revenue : Shri Prakash Kishinchandani. ORDER PER AMIT SHUKLA (J.M) : The aforesaid appeal has been filed by the assessee against order dated 23/03/2023 passed by NFAC in relation to the penalty proceedings u/s. 272A(1)(d) for A.Y. 2017-18. 2. The assessee is aggrieved by levy of penalty of Rs. 10,000/- u/s. 272A(1)(d) for non-compliance of notice u/s. 142(1) on the date ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ly that, assessee had filed further replies on 19/12/2019 and on 26/12/2019. Thus, technically, there was no non-compliance of notice dated 06/11/2019, albeit there was delay in making compliance to the notice. The ld. AO based on these details only has passed an assessment order u/s. 143(3). 4. Now, the penalty has been levied by the ld. AO for noncompliance of notice u/s. 142(1) on the appoin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... belatedly in response to one notice u/s. 142(1) dated 06/11/2019, that does not lead to any penal consequence and non-compliance of the notice. Thus, she submitted that penalty levied should be deleted. 6. On the other hand, ld. DR strongly relied upon the order of the ld. AO and ld. CIT (A) and submitted that the provisions u/s. 271A(1)(d) have to be strictly adhere to. 7. After considerin....