TaxTMI 
TaxTMI 
2019 (3) TMI 641
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.... these appeals by a common order. 2. For the sake of convenience, we take up the facts involved in ITA No.636/Lkw/2017. In this appeal the assessee has raised the following grounds of appeal: "1. BECAUSE the "CIT(A)" has erred in law and on facts in holding that "undersigned is of the view that the appellant has not only committed the default under the provision of section 271(1)(b) but also failed to show reasonable cause for committing such default" and, based on such a view, In upholding penalty of Rs. 10,000/- as has been levied by the Assessing Officer under section 271(1)(b) of the Act 2. BECAUSE while upholding the levy of penalty under section 271(1)(b), the "CIT(A)" has failed to consider and take into account ....
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....o show cause notice issued for such subsequent non-compliance, order levying penalty under section 271(1)(b) was liable to be held to have been passed in violation of the provision of section 274 of the Act and accordingly the same should have been quashed. 5. BECAUSE the order appealed against is contrary to the facts, law and principles of natural justice." 3. At the outset, the ld. A.R. of the assessee has contended that the authorities below have erred in holding that there was no compliance made by the assessee to the notice dated 07/10/2016, issued under section 142(1) of the Income-tax Act, 1961. It has been contended that the assessee duly filed reply dated 19/10/2016 to the said notice dated 07/10/2016 issued by the Ass....
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.... has duly complied with the notice, penalty under consideration is entire uncalled for. It is, accordingly, cancelled. Therefore, appeal in I.T.A. No.636 is allowed and penalty is deleted. 5. The facts, in other appeals of the assessee numbering 637 to 642 are similar and even date of show cause notices and their replies are similar therefore, the penalty is deleted in other appeals also. 6. In the result, all the seven appeals filed by the assessee are allowed. (Order pronounced in the open court on 08/03/2019) ============= Document 1 ILLEC TRADING PRIVATE LIMITED. Regd. Add.: 7/71-A, Tilak Nagar, Kanpur-208002 Tel No. 0512-2530837, 2530197; email: [email protected] CIN: U74900UP1982PTC005757 Dated: 19....
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....editors is under preparation as soon as it will be completed the same will be furnished before your gooself for your kind verification. 5. Company is submitting the details of salary paid during the period under reviewe and also submitting the details of compensation for land alongwith the builders agreement for your kind verification marked as Annexure-2 for your kind verification. These are the details of expenses exceeding Rs. 1 lac charged to revenue account during the period under review. 6. With regard to details transactions covered u/s 269SS/269T/40A(3) of the Act will be furnished in the next hearing. 7. With regard details of income claimed to be exempt assessee company wishes to submit that during th....
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....13. With regard the complete details of expenses covered u/s 40A(2)(b) of the act it is submitted that during the period under review company has paid Rs. 275000/- as salary to Smt. Indu lata Gupta a copy of account is enclosed as Annexure-5 for your kind perusal and the same was in accordance with the business expediency and prevailing market practices be filed and the business expediency of the same. 14. With regard to the copy of Sales tax/Vat Order and copy of Tax Audit Report it is submitted that it will be submitted in next hearing. 15. With regard to detailed copy of account. of Interest Account it is submitted that no interest had been paid by the company during the period under review. 16. With regard the....