TaxTMI 
TaxTMI 
TaxTMI 
2016 (9) TMI 510
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....]. 2. The effective ground of appeal taken by the assessee reads as under :- "That looking to the facts and in the circumstances of the case, the ld. CIA(A)-I erred in upholding the penalty order passed u/s 271(1)(b) of the Incometax Act of Rs. 10,000/- without considering the full facts and circumstances of the case." 3. The brief facts of the case are that the assessee is a Government of M.P. Undertaking. As per the penalty order passed by the A.O for the A. Y 2005-06, it was stated that during the course of assessment proceeding u/s 143(3) r.w.s. 147 of the Income-tax Act, 1961, for the A. Y. 2005-06, a notice u/s 142(1) of the Act along with detailed questionnaire was issued to the assessee on 19.11.2012 requiring the assessee to fur....
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....61. Therefore, the AO directed the assessee to pay by way of penalty a sum of ten thousand rupees for assessment year 2005-06. 4. Aggrieved by imposition of penalty, the assessee preferred appeal before the ld. CIT(A), wherein the ld. Authorized Representative of the assessee submitted that the return of income was submitted on 29th October, 2005 with Audited Accounts and Tax Audit Report showing total income of Rs. 36,20,59,300/-, tax on which was fully paid. The case was selected under scrutiny. All the information asked by the Assessing Officer was submitted giving the detailed explanation with all documents and evidence from time to time. The case was re-opened u/s 147 on certain queries and points for which notice u/s 148 dated 23rd M....
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....all the requirement of the Income-tax Act, 1961, before the Department regularly. There was no such default in this regards in the past. However, the ld. CIT(A) after discussing the reasons in the orders has confirmed the penalty as imposed by the AO. Now the assessee is in appeal before us. 5. Though the ld. Authorized Representative of the assessee was not present at the time of hearing, but sent the written submissions before the Bench, which are taken on record and have been considered. 6. The ld. Departmental Representative relied upon the orders of the lower authorities. 7. We have heard the ld. Departmental Representative and have gone through the orders of the lower authorities as well as the written submission submitted by the l....
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....may be, for any failure referred to in the above provisions, if he proves that there was reasonable cause for the said failure. 8. The Hon'ble Delhi High Court has enunciated the meaning of "reasonable cause" in the case of Azadi Bachao Andolan vs. Union of India, (2001) 252 ITR 471. It was held that the reasonable cause can be reasonably said to be a cause which prevents a man of average intelligence and ordinary prudence, acting under normal circumstances, without negligence or inaction or want of bona fides. In the case of Woodward Governors India Private Limited vs. CIT, (2001)118 Taxman,433 (Del). The Hon'ble Delhi High Court has expressed expression "sufficient cause". Therefore, in the context of penalty provisions, the word....
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....e assessee did not attend the proceedings nor filed the request of adjournment. The AO has given show cause notice on 01.02.2013, as to why the penalty of Rs. 20,000/- should not be levied upon the assessee for non-compliance of statutory notice u/s 142(1) of the Income-tax Act, 1961. As per the assessee's version before the appellate authority and also in the written submission that on the said date the assessee's counsel was not available as he had gone to I.T.A.T., Indore Bench, Indore, for hearing and moreover, the details were still awaited to be taken out from the records, which were to be submitted before the AO and which was to be received from 50 District Offices all over Madhya Pradesh. The Officer incharge Mr. Lalit Chaturvedi ha....