TaxTMI 
TaxTMI 
TaxTMI 
2016 (9) TMI 795
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....ee has filed petition for condonation of delay which is supported by an Affidavit of the assessee. 3. I have heard the learned Authorised Representative as well as learned Departmental Representative and considered the Affidavit filed by the assessee explaining the delay in filing the appeals. The ld. AR has referred to the contents of the Affidavit and submitted that the delay in filing the appeal is due to time taken in appointing Chartered Accountant to look after the income tax matters in fling the appeals and the assessee has undergone cryopexy under LA treatment of left eye and was advised complete rest for 8 weeks form 25.1.2010 onwards. The ld. AR has referred to the medical certificate copies enclosed along with the Affidavit. Thu....
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....cumstances of the case, the learned CIT (Appeals) erred in passing the order in the manner he did. 2. On the facts and in the circumstances of the case, the learned CIT (Appeals) ought to have condoned the delay in filing the appeal, given an adequate opportunity to the appellant to explain the sufficient cause for the delay as the delay was caused by the authorized representative of the appellant which was a bona fide mistake and not intentional. 3. The learned CIT (Appeals) ought to have appreciated that on merits the appellant had a good case since the Assessing Officer erred in disallowing the cash deposits into the bank account as unexplained. 4. The learned CIT (Appeals) erred in upholding the levy of interest under Sections 234....
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....oted that the assessee has not produced the relevant record in support of the claim of deposit of Rs. 25 lakhs in the bank account. It is pertinent to note that the assessment order in thecase of the assessee on 30.12.2008 and the assessee took four years to file the appeal before the CIT (Appeals) despite taking four years the assessee did not file the supporting evidence even before the CIT (Appeals). Now at this stage the assessee has filed additional evidence and seeking permission to file the additional evidence and admission of the additional evidence. Having regard to the facts and circumstances of the case and conduct of the assessee, this case is not fit for admitting the additional evidence filed by the assessee at this stage that....
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....ccount of reasonable cause. Thus, there was no concealment or furnishing of inaccurate particulars and consequently the levy of penalty under Section 271 (1 )( c) of the Act was uncalled for. 5. On the facts and in the circumstances of the case, the learned CIT (Appeals) erred in not considering the various judicial pronouncements relied on by the Appellant. 6. For these and such other grounds that may be urged at the time of hearing. the Appellant prays that the appeal may be allowed." 9. The assessee has also raised additional ground which reads as under : " 1. The Assessing Officer having issued the notice under Section 274 read with section 271(1)(c) of the Act in a mechanical manner, the penalty order passed under Section 271(1)....
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....he said show cause notice under Section 274 is defective and illegal and consequently penalty is not sustainable. She has also relied upon the subsequent decision of the Hon'ble jurisdictional High Court dt.25.1.2016 in the case of Safina Hotels Pvt. Ltd. Vs. CIT, Bangalore III & Another in ITA No.240/2010 wherein the Hon'ble High Court has reiterated the principle as laid out in the case of CIT Vs. Manjunatha Cotton & Ginning Factory (supra). 12. On the other hand, the ld. DR has relied upon the orders of authorities below. 13. Having considered the rival submissions and material on record, it is noted that the Assessing Officer has initiated the penalty proceedings by issuing a notice under Section 274 r.w.s. 271 dt.30.12.2008. ....
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....rection referred to in Explanation IB to Section 271 of the Act should be clear and without any ambiguity. (p) Notice under Section 274 of the Act should specifically state the grounds mentioned in Section271(1)(c), i.e., whether it is for concealment of income or for furnishing of incorrect particulars of income. (q) Sending printed form where all the ground mentioned in Section 271 are mentioned would not satisfy requirement of law. (r) The assessee should know the grounds which he has to meet specifically. Otherwise, principles of natural justice is offended. On the basis of such proceedings, no penalty could be imposed to the assessee." 10. As regards Section 271(1-B) of the Act, it clearly indicates that the assessment order should....