2019 (6) TMI 1058

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....1.That on the facts and in the circumstances of the case, the learned DIT(I&CI) is not justified in levying a penalty of Rs. 3,51,500/- under section 271FA. 2. The Ld. DIT(I&CI) had failed to appreciate the full facts of the cazse, as available before him. As such levied penalty is unwarranted, arbitrary and without providing/rebutting the facts. Thus the penalty so levied requires to be deleted in full. 3. On the facts and in the circumstances of the case, the Ld. DIT(I&C) had erred in not providing proper opportunity of hearings. Your appellant reserves the rights to add, adduce or alter any of the grounds of appeal, as mentioned. 3. Briefly stated facts as culled out from the records are that the assessee is local authority under ....

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.... stated that the facts, figures and circumstances are verbatim similar and therefore prayed that the decision taken in the case of ITA No.108/Ind/2018 order dated 16.05.2019 may be applied on the issue raised in the instant appeal. 5. Ld. Departmental Representative through supported order of the lower authority but could not controvert the contentions made by the Ld. Counsel for the assessee. 6. We have heard rival contentions and perused the records placed before us. The assessee is in appeal against the levy of penalty of Rs. 3,51,500/- u/s 271FA of the Act for non filing of Annual Information Return. We find that similar issue, same facts and figures came up before us in the case of Sub Registrar Jaora V/s Director Income Tax (I&CI), ....

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....ount of penalty is computed as per the provisions of Section 271FA of the Act which provides that before 1.04.2018 penalty of Rs. 100/-per day may be charged for number of days delay. Section 273B of the Act provides for not levying penalty in certain cases if the assessee proves that there was a reasonable cause for the failure. This section also refers to the penalty of Section 271FA of the Act. Reference was made to various correspondences with the Chief Secretary, Govt. of Madhya Pradesh, Department of Commercial Taxes and Chief Commissioner of Income Tax as well as Secretary, Finance Department of Revenue which talks about the technical problem due to which non integration of the departments portal with the Income Tax Departmental port....