HIMANSHU SINGHAL,NEW DELHI vs. DCIT, CENTRAL CIRCLE-03, NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since the assessee subsequently complied with the notice and questionnaire, and the assessment was completed accepting the returned income, the penalty for non-compliance was not justified.
What were the facts?
The assessee filed an appeal against a penalty of Rs. 10,000 levied under Section 271(1)(b) for non-compliance with a notice. Although the assessee did not appear, the Tribunal reviewed the assessment order.
What were the issues?
Whether a penalty under Section 271(1)(b) can be levied for non-compliance with a notice when there was subsequent compliance and the assessment was completed accepting the returned income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “SMC” NEW DELHI
Before: SHRI CHALLA NAGENDRA PRASAD
आदेश /O R D E R
This appeal is filed by the Assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-23, New Delhi dated 27.06.2023 in sustaining the penalty of Rs.10,000/- levied u/s 271(1)(b) of the Act. In spite of issue of notice, none appeared on behalf of the Assessee, nor any adjournment was moved.
The appeal is disposed of by hearing the Ld. DR.
Perusal of the penalty order dated 22.09.2022 shows that the assessee did not respond to the notice dated 30.11.2021 issued u/s 1
I.T.A.No.2468/Del/2023 142(1) of the Act for which the penalty of Rs.10,000/- was levied for non-compliance of the said notice.
Perusal of the assessment order passed u/s 143(3) r.w.s. 147 shows that the income of Rs.1,20,69,520/- returned by the assessee was accepted and no addition has been made. It is also observed from the assessment order that a detailed questionnaire along with notice u/s 142(1) dated 01.12.2021 was called for and the assessee has complied with filing necessary evidences required in the notice and questionnaire. The assessment was completed by accepting the income returned. However, the penalty was levied for non- compliance of notice dated 30.11.2021. It is observed that the assessee has responded to subsequent notice as well as detailed questionnaire and furnished the information based on which assessment was completed accepting the income returned. In the case of Hemand Kumar Soni Vs. DCIT (2017) [49 CCH 350] the Indore Bench of the Tribunal held that no penalty can be levied, if assessment has been completed u/s 143(3) of the Act and there is subsequent compliance in assessment proceedings which was considered to be a good compliance. Similar view has been taken in the case of Mano Rani Vs. DCIT (2020) [82 ITR 22] (Trib.).
I.T.A.No.2468/Del/2023
In view of the above decisions, the penalty levied u/s 271(1)(b) is deleted.
In the result, appeal of the assessee is allowed.
More judgments on Section 271(1)(b)
- Navanitbhai Gordhanbhai Bhuva, Surat vs ITO, Ward 3(3)(1), SuratITA 1195/SRT/2025[2014-15]Status: Disposed14 Oct 2026AY 2014-15
- Navanitbhai Gordhanbhai Bhuva, Surat vs ITO, Ward 3(3)(1), SuratITA 1194/SRT/2025[2014-15]Status: Disposed1 Oct 2026AY 2014-15
- Navanitbhai Gordhanbhai Bhuva, Surat vs ITO, Ward 3(3)(1), SuratITA 1193/SRT/2025[2014-15]Status: Disposed1 Oct 2026AY 2014-15
- Laxmi Narain Kesarwani, Delhi vs DCIT, Central Circle-20, New DelhiITA 4432/DEL/2026[2020-21]Status: Disposed1 Oct 2026AY 2020-21
- Laxminarain Kesarwani, Delhi vs DCIT, Central Circel-20, New DelhiITA 4431/DEL/2026[2019-20]Status: Disposed1 Oct 2026AY 2019-20
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