TaxTMI 
TaxTMI 
2019 (8) TMI 1443
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.... assessee has raised following grounds of appeal: "Based on the facts and circumstances of the case, Mr. Kanaiyalal B. Shah ("the Appellant") respectfully craves leave to prefer an appeal against the order passed by the Commissioner of Income Tax (Appeals) - 7, Mumbai ("CIT(A)") dated 11 April 2018 (received on 18.05.2018) under section 250 of the Incometax Act, 1961 (the "Act") ("the Order"), on the following grounds: 1. On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in confirming penalty under section 272A(2)(c) of the Act of Rs. 36,400 levied by the JCIT ('AO') for non-compliance of notice under section 133(6) of the Act. The appellant prays that the penalty levied at Rs. 36,400 may p....
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....aforesaid, the impugned Order has been passed without due application of mind, without considering the evidence on record, by purporting to rely on evidence which is clearly inadmissible and contrary to law and therefore the said Order is unsustainable and liable to be quashed. The appellant submits that each of the above grounds is independent and without prejudice to one another." 2. Perusal of record reveals that the order impugned in the present appeal was passed by learned Commissioner (Appeals) on 11th April 2018, however the present appeal was filed on 1st August 2018, thus there is apparent delay in filing the appeal before the Tribunal. The assessee has filed an application for condonation of delay. In the application for cond....
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....vit filed in support thereof. Considering the contents of application, affidavit and the submissions of the ld. AR for the assessee and keeping in view there is a delay of 15 days only and that the assessee deserve to be heard on the merit. We have further noted that the assessee/applicant is a senior citizen and has shown sufficient cause for condoning the delay as it mainly occurred due to his ill-health. Therefore, taking a lenient view, the delay in filing of the appeal is condoned. Now, we shall proceed to consider the appeal on merit. 5. Brief facts of the case as extracted from the order of lower authorities, leading to levy of penalty under section 272A(2)(c) are that assessment of assessee was reopened on the basis of information....
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....sequently statement of son of assessee was recorded under section 131 on 23rd December 2011. However, Shri Sanjay K Shah, son of assessee denied of having any Bank account with HSBC, Geneva in the name of assessee or his family members. During the course of reassessment proceeding summon under section 131 was issued to assessee on 2nd July 2014 for furnishing complete details of statement of bank account in HSBC, Geneva, since inception till date and if he is not in possession of the statement of his bank account then he was required to fill up a Consent Waiver Form (for facilitating the copy of account from HSBC Bank Geneva to assessee). In response to the notice issued by assessing officer to assessee under section 131 the assessee attend....
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....lty of Rs. 36400/under section 272A(2)(c). On appeal before ld. Commissioner (Appeals) the action of assessing officer was confirmed. The learned Commissioner (Appeals) while confirming the action of assessing officer concluded that non-signing of consent waiver form would not have amounted in furnishing false information by the assessee. That known furnishing consent waiver form have further enabled the assessing officer to carry out further investigation in the sensitive matter of unaccounted for an accounts held by international and that it had stunted investigation. And that the assessee has not shown any reasonable cause. Being aggrieved, the assessee has filed this appeal before this Tribunal. 6. We have heard the rival submission o....
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....to call for information' by Assessing Officer, Deputy Commissioner, Joint Commissioner or Commissioner. Sub-section (6) of section 133 prescribed that Assessing Officer, Deputy Commissioner, Joint Commissioner or Commissioner may require any person, including a banking company or any officer thereof to furnish information in relation to such point or matter or to furnish statement of account and the affairs verified in the manner prescribed by them, which will be useful for, or relevant to any enquiry or proceeding under the Act. These powers can also be exercised by Principle Director General, Director General, Principle Chief Commissioner or Chief Commissioner or Principle Chief Commissioner. Further, 2nd proviso attached with the sub-sec....