SHANTI REALTY PRIVATE LIMITED,INDORE vs. CIT(APPEALS)-3,BHOPAL, BHOPAL
What did the Tribunal hold?
The Tribunal held that a penalty under Section 272A(1)(d) cannot be sustained if the assessment is completed on merits under Section 143(3) without drawing adverse inferences for non-compliance. The Tribunal also noted that the facts were identical to other group concerns where similar penalties were deleted.
What were the facts?
The Assessing Officer imposed penalties on the assessees for alleged failure to comply with notices issued under Section 142(1) during scrutiny assessments. However, the assessments were ultimately completed under Section 143(3) after considering the assessees' submissions.
What were the issues?
Whether penalties under Section 272A(1)(d) are leviable for non-compliance with notices when the assessment is completed on merits under Section 143(3).
Which sections of the Income-tax Act were involved?
Section 142(1),Section 143(3),Section 144,Section 272A(1)(d)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI B.M. BIYANI & SHRI PARESH M. JOSHI
Per
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- Vikas Ashokkumar Masand, Ahmedabad vs The Dy. Commissioner of Income Tax…ITA 3130/AHD/2026[A.Y. 2017-18]Status: Disposed19 Oct 2026
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