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Income Tax Appellate Tribunal, BENCH ‘B’ KOLKATA
Before: Hon’ble Shri S.S.Godara, JM & Shri M.Balaganesh, AM ]
ORDER PER S.S.GODARA, JM
This assesssee’s appeal for A.Y.2013-14 is directed against the Learned CIT(A)-14, Kolkata’s order dated 31.01.2018 passed in Appeal No.53/CIT(A)-14/Wd- 46(4)/2016-17 confirming the Assessing Officer’s action imposing penalty of Rs.10,00,000/- in proceedings u/s 271(1)(b) of the Income Tax Act, 1961 (Act). Heard both the parties. Case file perused.
There is no dispute that both the lower authorities have imposed the impugned penalty in assessee’s case after alleging his non compliance of section 142(1) notice dated 08.07.2015. The case file suggests that the Assessing Officer had framed the assessment in question u/s 143(3) of the Act on 31.12.2015. This clinching factor has gone unrebutted from the revenue’s side. We find that the coordinate bench in Ratan Kumar Pal vs DCIT decided on 21.02.2018 has deleted an identical penalty wherein the Assessing Officer had completed assessment u/s 143(3) of the Act. Learned coordinate bench concludes that the necessary inference that flows from such an assessment is that the assessee concerned has complied with the scrutiny notice subsequent to the one in question. There is no distinction on facts on law . Angsuman Daskar A.Y.2013-14 2 pointed out at the Revenue’s behest. We therefore direct the AO to delete the impugned penalty.
In the result the appeal of the assessee is allowed.
Order pronounced in the Court on 22.06.2018.