TaxTMI 
TaxTMI 
2017 (9) TMI 1352
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....d Commissioner of Income Tax, Appeals -VI, New Delhi, is erroneous, both in law and on the facts. 2. That on the facts and circumstances of the case and in law, the learned Commissioner of Income Tax, Appeals -VI, New Delhi, erred in sustaining penalty of Rs. 20,000/- u/s 271(1 )(b) of Income Tax Act, 1961. 3. That on the facts and circumstances of the case and in law, the learned Commissioner of Income Tax, Appeals -VI, New Delhi, erred in sustaining penalty of Rs. 20,000/- u/s 271(1)(b) of Income Tax Act, 1961 without appreciating that the defaults were for uncontrollable circumstances and for bona fide reasons beyond control of appellant. 4. That on the facts and circumstances of the case and in law, the learned Commissioner of ....
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....ssessment proceedings u/s 153A read with section 143(3) of the Income Tax Act in respect of assessment years under appeals, notice was issued u/s 142(1) of the Act on 26.04.2013 fixing the case for hearing on 13.05.2013 and notice u/s 143(2), dated 12.09.2013, was again issued fixing the case for hearing on 19.09.2013. 4. In response to these notices, none attended nor was any reply filed before the AO. The AO issued show cause notice before levy of penalty and in the absence of any representation from the side of assessee, it was noted that there was a willful non-compliance on the part of the assessee to the notices issued above. The AO accordingly levied the penalty u/s 271(1)(b) of the Act, in the sum of Rs. 10,000/- for each such fail....
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....ere filed on 25.02.2014, there were no reasonable cause for the assessee not to comply the statutory notice, on the earlier dates. Ld. CIT(A) accordingly, dismissed the appeal, of the assessee. 7. Ld. CIT(A) however, directed that if the settlement is awarded in favour of the assessee for the relevant years, then, the penalty orders passed by the AO will not sustain. Accordingly, all the appeals of the assessee were dismissed with above directions. 8. We have heard Ld. DR and perused the impugned orders as well as considered statement of facts filed by assessee before Ld. CIT(A). The AO levied the penalty for noncompliance of the notices issued u/s 142(1) of the Act on 26.04.2013 fixing the case for hearing on 13.05.2013 and notice u/s 14....