2023 (5) TMI 473

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....with Mr Rakesh Kumar, Advs. For the Respondents Through: Mr Ruchir Bhatia, Sr Standing Counsel. ORDER RAJIV SHAKDHER,J.: (ORAL) 1. Issue notice. 1.1 Mr Ruchir Bhatia, learned senior standing counsel, accepts notice on behalf of the respondents/revenue. 2. In view of the order that we propose to pass, Mr Bhatia says that he does not wish to file a reply and that he would argue the matter ....

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....under Section 41 of the B.M. Act. 5.2 Via this notice, the petitioner/assessee was granted an opportunity to appear in person, in defence of his case. The date fixed for this purpose was 09.03.2023. 5.3 The record also shows that the petitioner/assessee filed a reply on 09.03.2023, albeit via email of even date. This aspect is evident on perusal of Annexure-6 (Colly), appended on pages 98 to 100....

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.... with no alternate but to proceed to levy the penalty u/s 41 of the B M Act on the basis of discussion made in the assessment order. 6. We may note that in the reply filed by the petitioner/assessee, his assertion was that the penalty proceedings should be kept in abeyance, having regard to the fact that the appeal preferred by him on the quantum levy was pending before the CIT(A). 6.1 In support....

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.... deserves to the set aside. 9. We have heard counsel for the parties. 10. According to us, the second aspect of the matter to which we have made reference hereinabove by adverting to the provisions of Section 46(4)b) of the B.M. Act, in fact, was not articulated in the reply filed by the petitioner/assessee on 09.03.2023. 11. That being said, the petitioner/assessee's reply was on record which,....