TaxTMI 
TaxTMI 
2011 (6) TMI 922
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....(hereinafter referred to as 'the Filer'), was required to file Annual Information Return for the Financial years 2005-06, 2006-07, 2007-08 & 2008-09 as under: Financial years Due date for filing of AIR 2005-06 31-8-2006 2006-07 31-8-2007 2007-08 31-8-2008 2008-09 31-8-2009 2. Section 285BA(10 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') requires certain specified persons (filers) to file an Annual Information Return (AIR) in respect of specified financial transactions registerd or recorded by him during the financial year. The nature of the transactions and the threshold value for information to be submitted in the AIR are prescribed in the Table (Item No.6) in Rule 116E of the Income Tax Rules, 1962. The form in which the return is required to be filed is Form No. 61A. The Central Board of Direct Taxes, New Delhi had authorized M/s. National Securities Depositories Ltd. (NSDL) as the agency authorized to received AIRs on the behalf of the Commissioner of Income Tax (Central Information Branch). The filer can also furnish the AIR with the Facilitation Centres of NSDL, located in different parts of the country. ....
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....06.2010 fixing the case for hearing on 08.07.2010. Again on 08.07.2010 neither anybody attended nor any written communication was received in this office. 5.1. Still further final opportunity was allowed to the Filer for filing its reply vide this office letter No.DIT/CIB/CHD/2010-11/1105 dated 09.07.2010 and the case was fixed for 16.07.2010. This final opportunity too remained unattended. Still further opportunity was allowed to the Filer for furnishing its reply showing reasonable cause that constrained it to file the AIRs late. The case was fixed for 26.07.2010. on the appointed date none attended. However, on 27.07.2010 Shri Bhupinder Singh, Tehsildar-cum-Sub-Registrar, Nakodar, Distt. Jalandhar, attended and filed letter dated 27.07.2010 and submitted that the matter may be decided on the basis of his reply filed today. He further submitted that the matter may be decided on the basis of his reply filed today. He further submitted that he is not aware about the reasons for delay in filing of AIR for earlier years and he has been in this present assignment only since September, 2009 and would try to file the further AIRs in time. The written reply/letter dated 27.07.2010 fil....
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....Rs late for the last five years i.e. right from financial year 2005-06 to 2008-09. Hence, these facts make the Filer a habitual defaulter without any concern/respect for the law of the land. In these circumstances it becomes imperative that suitable penalty as per law is levied on the Filer. 8. In view of these facts and circumstances the Sub-Registrar, Nakodar (the Filer) is held liable for penalty u/s 271FA of the Act, 1961 @ Rs. 100/- per day for default, which is calculated for the financial years under consideration as under: Financial year Period of default No. of days of default Amount of penalty 2005-06 1-9-2006 to 6-1-2007 128 days Rs. 12,800 2006-07 1-9-2006 to 1-3-2008 182 days Rs. 18,200 2007-08 1-9-2006 to 30-6-2009 303 days Rs. 30,300 2008-09 1-9-2006 to 23-12-2009 114 days Rs. 11,400 Total 727 days Rs. 72,700 Accordingly, penalty of Rs. 72,700/- (727x1000 is imposed." 4. At the very outset, Sh. Tarsem Lal, the Ld. DR, vehemently argued that this Bench of the Tribunal has no jurisdiction to entertain the appeals of the assessee. According to him, ....
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.... (2) The Commissioner may, if he objects to any order passed by a [Deputy Commissioner (Appeals)] [before the 1st day of October, 1998] 1[or, as the case may be, a Commissioner (Appeals)] under [section 154 or] section 250, direct the [Assessing] Officer to appeal to the Appellate Tribunal against the order. (3) Every appeal under sub-section (1) or sub-section (2) shall be filed within sixty days of the date on which the order sought to be appealed against is communicated to the assessee or to the Commissioner, as the case may be : [Provided that in respect of any appeal under clause (b) of subsection (1), this sub-section shall have effect as if for the words "sixty days", the words "thirty days" had been substituted.] (4) The [Assessing] Officer or the assessee, as the case may be, on receipt of notice that an appeal against the order of the [Deputy Commissioner (Appeals)] [or, as the case may be, the Commissioner (Appeals)] has been preferred under sub-section (1) or sub-section (2) by the other party, may, notwithstanding that he may not have appealed against such order or any part thereof; within thirty days of the receipt of the notice, file....