2015 (7) TMI 1234

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....nd on facts in rejecting the appeal ex-parte and sustaining the penalty of Rs. 36,000/- imposed arbitrarily by the Ld. Jt. Director of Income Tax (Intelligence) u/s 272A(2)(c) of the Income tax Act, 1961. 2. That the Ld. CIT (A)-II, Kanpur has also erred in law and on facts in passing an ex-parte order dated 23.03.2015, without giving reasonable and sufficient opportunity of being heard to the appellant. 3. That the Ld, CIT (A)-II, Kanpur has failed to appreciate that the notice u/s 133(6) of the Income Tax Act, 1961 could have been issued only by the Assessing Officer of the Bank situated at Kolkata i.e. ITO, Circle 6(1), Kolkata, hence the notice's dated 28.09.2012 & 08.11.2012 issued by ITO (Intelligence), Kanpur u/....

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....ssee that as per the provisions of section 133 (6) of the Act, the Assessing Officer or the DCIT(A) or Jt.CIT(A) or CIT(A) may issue notice under sub section (6) of section 133 but in the present case, the impugned notice u/s 133(6) was not issued by the Assessing Officer or the DCIT(A) or Jt.CIT or CIT(A) and therefore, the notice issue u/s 133 (6) itself is not a valid notice and therefore, although there is default of the assessee in complying with the requirement of the notice but penalty u/s 272A(2)(c) is not justified. As per his second submission, he submitted that there was reasonable cause for the delay and hence, as per section 273B, penalty is not justified. In this regard, he submitted that the submissions of the assessee explai....

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....the names and addresses of the manager and the members of the family; (3) require any person whom he has reason to believe to be a trustee, guardian or agent, to furnish him with a return of the names of the persons for or of whom he is trustee, guardian or agent, and of their addresses; (4) require any assessee to furnish a statement of the names and addresses of all persons to whom he has paid in any previous year rent, interest, commission, royalty or brokerage, or any annuity, not being any annuity taxable under the head "Salaries" amounting to more than one thousand rupees, or such higher amount as may be prescribed, together with particulars of all such payments made; (5) require any dealer, broker or agent ....

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....lso that for the purposes of an agreement referred to in section 90 or section 90A, an income-tax authority notified under sub-section (2) of section 131 may exercise all the powers conferred under this section, notwithstanding that no proceedings are pending before it or any other income-tax authority." 5.1 From the above provisions of section 133 of the Act, it is seen that the power is given to the Assessing Officer, the Deputy Commissioner (Appeals), the joint Commissioner or the Commissioner (Appeals) for issuing notice under sub section (6) of this section requiring any person including a banking company or any officer thereof, to furnish information in relation to such points or matters, or to furnish statements of accounts and af....