TaxTMI 
TaxTMI 
TaxTMI 
2016 (5) TMI 1562
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....on 151 of the Act. The assessee was directed to file the return of income for the assessment year in question by 15.4.2013 which was duly served on the assessee on 19.3.2013 by RPAD. On 15.4.2013 the assessee filed a letter stating that the return filed by him u/s 139 of the Act may be treated as return of income in response to notice u/s 148 dated 15.3.2013. During the course of assessment proceedings, the Assessing Officer issued a letter dated 20.9.2013 as per which the assessee was asked to furnish reply having regard to the notice dated 19.7.2013 issued u/s 142(1) of the Act by 30.9.2013. The details sought therein are as under :- "1. Please furnish list of all bank accounts held by you in any bank in India during F.Y.1996-97 to till date. Also, provide copy of bank account statements. 2. In your statement recorded u/s 131of the Income Tax Act, 1961 by Shri Prashant Mishra, DDIT(Inv.)-I, Indore, on 23.11.12, you had admitted that you got opened one bank account with one Suisse bank situated in Switzerland. You further admitted that Rs. 80 to 90 lacs were deposited in the above said amount which was transferred in the bank account of your daughter in USA. In this regard, yo....
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....sment years. After considering the reply, the Assessing Officer was of the view that the assessee has already been provided all the information available. Therefore, the assessee's contention that no information is provided is not correct. The assessee has submitted a detailed affidavit dated 3.10.2013 sworn in by the husband of the assessee. A lot of proceedings have been progressed in this case which is pertinent to mention in the light of the contentions. The statement of the son of the assessee was recorded. Due to non-cooperation, the Assessing Officer could not attach the property of the assessee. All the objections of the assessee have been duly met with by the Assessing Officer. Therefore, the Assessing Officer was of the view that the assessee has not made proper compliance with the statutory notices. Instead of proper compliance of submitting the reply, she has not only made factually incorrect claim but also raised irrelevant objections in support of her non-compliance. Therefore, the Assessing Officer levied the penalty of Rs. 10,000/- u/s 271(1)(b) of the Act for failure to comply with statutory notices for the assessment year 1996-97. The Assessing Officer has similar....
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....ooks of accounts is bad in law. For the assessment year 2007-08 the Assessing Officer has to first establish that the assessee falls under the category as provided under section 44AA(2) of the Act as carrying on of any business and profession. The Assessing Officer did not find that the assessee was ever engaged in the profession or business which requires him to maintain books of accounts and other records u/s 44AA(2) of the Act. Moreover, a single notice u/s 142(1) of the Act for 12 assessment years was issued for 12 assessment years on 19.7.2013 which is ab initio void and bad in law and as such no penalty can be levied u/s 271(1)(b) of the Act. 5. On the other hand, the learned DR relied upon the orders of the authorities below. He submitted that the assessee has not made proper compliance with the statutory notices. He further submitted that instead of making proper compliance or submitting proper reply, the assessee has not only made incorrect claims but also raised irrelevant objections. The learned DR, therefore, submitted that the authorities below have rightly rejected the claim of the assessee. 6. I have heard rival contentions of both the sides. It is an admitted fact....
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....w cause notice u/s 271(1)(b) of the Act, penalty u/s 271(1)(b) of the Act can be imposed or not, therefore, that question is to be decided by me. I have to go as per the Act. For convenience of reference, section 271(1)(b) and section 273B of the Act are reproduced hereunder :- "Failure to furnish returns, comply with notices, concealment of income, etc. 271. (1) If the Assessing Officer or the Commissioner (Appeals) or the 47[Principal Commissioner or] Commissioner in the course of any proceedings under this Act, is satisfied that any person- (b) has failed to comply with a notice under sub-section (2) of section 115WD or under sub-section (2) of section 115WE or under sub ITA section (1) of section 142 or sub-section (2) of section 143 or fails to comply with a direction issued under sub-section (2A) of section 142, or he may direct that such person shall pay by way of penalty,- (i) [* * *] (ii) in the cases referred to in clause (b), in addition to tax, if any, payable by him, a sum of ten thousand rupees for each such failure ; then, the amount added or disallowed in computing the total income of such person as a result thereof shall, for the purposes of clause ....