2019 (2) TMI 51

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....uting taxable fringe benefit of Rs. 1,11,404/-. In the assessment, AO noticed that assessee claimed various expenses viz. (1) Sales Promotion Expenses; (2) Hospitality; (3) Employees Welfare; (4) Repairs running maintenance of motors cars; (5) Telephone/Mobile bills; and (6) Tours and Travels and the taxation of Fringe Benefit Tax was the issue. In the assessment u/s.115WE(3) of the Income-tax Act, 1961, the AO made certain additions on the above claims of the assessee and worked out the Fringe Benefit at Rs. 4,27,070/-. Further, invoking the provisions of section 271(1)(d) of the Act, the AO levied penalty of Rs. 1,05,859/- in the hands of the assessee. 3. Aggrieved with the findings of AO, the assessee filed an appeal before the First A....

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.... law the Hon. CIT Appeal-I had erred and dismissed the penalty appeal for non-attendance ignoring the fact that the appellant had responded and made partial submission at least 8 times in writing before the authority and which has been mentioned in the dismissal order. 6. On the facts and in circumstances of the case and in law the Hon. AO as well as CIT Appeal-1 had erred and levied and dismissed the appeal without considering the fact that in the judicial court of law a lenient view had been taken in favour of the appellant under similar circumstances. 7. Prayer : The Hon. Appellate Authority is sincerely requested - a. The appeal may please be allowed. b. The penalty may please be waived c. The appellant may please be given a c....

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.... assessment order dated 18-12- 2009 and find the satisfaction recorded by the AO for initiating the penalty proceedings u/s.271(1)(c) of the Act is relevant for extraction. Therefore, the same is reproduced as under : "4............. ................... Penalty proceedings u/s.271(1)(d) are being initiated separately." 6.1 We also perused the penalty order dated 28-03-2013 and find the satisfaction recorded by the AO for levying the penalty u/s.271(1)(c) of the Act is relevant for extraction. The said satisfaction reads as under: "5. ....................... ........................................ In view of the above facts and circumstances of the case and in law, I am of the considered opinion that this is a fit case for levy o....