The Assessing Officer levied a penalty under Section 272A (1)(d) for non-compliance with notices issued u/s.142(1). However, in a subsequent assessment order passed u/s. 143(3), the Assessing Officer expressed satisfaction with the compliances made by the assessee. Since the Assessing Officer had effectively condoned the non-compliance by the assessee in the later assessment order, the penalty u/s. 272A (1)(d) could not be imposed.(AY. 2020 -21)
Shilpa Shetty Kundra v. DCIT [2025] 173 taxmann.com 342 ( (Mum) (Trib.)
S. 272A : Penalty – Failure to answer questions – Sign statements – Furnish information -The penalty cannot be imposed when AO expresses satisfaction with the assessee’s compliance.[ S. 272A(1)(d) ]
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