TaxTMI 
TaxTMI 
2017 (2) TMI 639
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.... and issues are common, they are clubbed, heard together and disposed off by way of this common order for the sake of convenience. 2. The brief facts of the case are that there was a search & seizure action in the case of M/s. Gayatri Constructions on 20.12.2012. The assessee Sri Gottipati Venu was also subjected to search u/s 132 of the Act. Consequent to search operations, the assessment proceedings u/s 153C of the Act was initiated. In response to notices u/s 153C of the Act, the assessee has filed his returns of income for the assessment year 2007-08 to 2013-14. Subsequently, the cases have been selected for scrutiny and accordingly, notices u/s 142(1) & 143(2) of the Act were issued calling for certain information in connection with t....
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....corded to the assessee by way of reminders, the assessee neither appeared for hearing nor furnished details, therefore, opined that the assessee has not complied with statutory notices issued u/s 143(2) & 142(1) of the Act and hence, he is liable to pay penalty u/s 271(1)(b) of the Act for each such failure for the assessment year 2007-08 to assessment year 2013-14. Accordingly, levied penalty of Rs. 30,000/- each for assessment year 2007-08 to assessment year 2013-14 u/s 271(1)(b) of the Act, for each failure to comply with statutory notices issued u/s 143(2) & 142(1) of the Act. 5. Aggrieved by the penalty order, the assessee preferred an appeal before the CIT(A). Before the CIT(A), the assessee reiterated the submissions made before the....
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....was an initial failure on the part of the assessee for compliance of notices, the proceedings were completed u/s 143(3) of the Act, after supplying full information to the satisfaction of the A.O., therefore, the non-compliance will become technical and nonserious in so far as assessment proceedings. With these observations, directed the A.O. to delete penalty levied, in the cases where the A.O. has given 8 days time for compliance to notices u/s 142(1) & 143(2) of the Act. However, in the cases where the A.O. has given 26 days time to furnish information, the CIT(A) opined that the assessee failed to offer any explanations for not appearing on the date fixed for hearing, inspite of giving sufficient time and hence, the A.O. was right in le....
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....1(1)(b) of the Act, for failure to comply with statutory notices issued u/s 142(1) & 143(2) of the Act. The A.O. was of the opinion that assessee has failed to offer proper explanations for non-attendance as on the date of hearing. It is the contention of the assessee that non-attendance as on the date of hearing is not intentional, as the A.O. has called for voluminous information for 7 assessment years within a short period of 7 days to 26 days. The information called for by the A.O. is voluminous and he could not gather all the information within a span of short period and accordingly, not able to appear before the A.O. as on the date of hearing. But, the fact remains that he had furnished all the information and the A.O. has completed a....
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.... reason that the assessee has appeared on all the occasions and furnished necessary information for completion of assessment which is evident from the fact that the A.O. has completed the assessment u/s 143(3) of the Act. Though, assessee initially not appeared before the A.O. in one or two occasions, the reason given by the assessee for non-appearance appears to be reasonable and bonafide. Therefore, we are of the view that the A.O. was not correct in levying penalty u/s 271(1)(b) of the Act. Though, the CIT(A) appreciated the facts, failed to consider the explanation offered by the assessee for the assessment year 2013-14, in view of voluminous information called for by the A.O. and also the assessment being a search assessment. Normally,....