No penalty for non-compliance when Assessment was made after considering reply of assessee

Hanuman Prasad & Sons Vs DCIT/ACIT/ITO (ITAT Allahabad)

In this case assessee has not only replied the notice but also replied to the letter issued by AO. After considering the reply of the assessee, the Assessing Officer framed the assessment under section 143(3) on 28^th December, 2019. Once the assessee has made the compliance though after some delay but it was well before the assessment order was framed and the penalty order dated 10.1.2022. Therefore, it is not a case of non-compliance on the part of the a

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