2023 (2) TMI 418

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....of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') relating to the Assessment Year (A.Y) 2011-12. Since common issues are involved in both the cases, the same are disposed of by this consolidated order. Both the appeals are taken up for hearing. 2. The brief facts of the case is that the assessee is an individual having commission (Dalali) Income earned from sale of buffalos. The Assessing Officer received information from the ITD system, that during the Financial Year 2010-11, the assessee made cash deposit to the tune of Rs. 27,51,150/- in the bank account maintained by the assessee with Bank of India. However the assessee has not filed any Return of Income. Hence notice u/s. 148 was issued on 24.03.2008. However the as....

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....ving small earning and was not required to file Return of Income, as the income was below taxable limit. ii) The AR further submitted that in the appellant has requested for transfer of case from Palampur to Rajasthan. iii) The AR further mentioned that the appellant was not required to file the return of income u/s 139(1) of the Act as the income of the appellant was below the taxable limit. iv) Notice could not be complied due to bad health on account of prolonged illness. 4.1. The above explanation offered were not accepted by the Ld. CIT(A) and thereby confirmed the levy of penalty u/s. 271(1)(b) and u/s. 271F of the Act. 5. Aggrieved against the same, the assessee is in appeal before us in ITA No. 71/Ah....

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....the appeal proceedings which ought to have been considered in proper perspective before passing the impugned order. 3. The order passed by the learned CIT(A) is illegal, invalid and bad in law. It be so held now. 5.2. Today is the 7th time of hearing of the above appeal, none appeared on behalf of the assessee and no written submissions filed by the assessee. 6. The Ld. Sr. D.R. Shri N.J. Vyas appearing for the Revenue supported the orders passed by the Lower Authorities and pleaded to confirm the same and also dismiss the assessee's appeals. 7. We have given our thoughtful consideration and perused the materials available on record. It is seen from the submission made by the assessee that the assessee is a small time comm....