2023 (7) TMI 122

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....272A(1)(d) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') dated 04.02.2022 by the Income-tax Officer, NFAC, Delhi, (hereinafter referred to as 'ld. AO'). 2. The only issue to be decided in this appeal is as to whether the ld. CIT(A) was justified in confirming the levy of penalty u/s 272A(1)(d) of the Act in the facts and circumstances of the case. 3. We have heard the rival submissions and perused the materials available on record. We find that assessee is an individual engaged in confectionary business under the name and style of 'Bhateja Confectioners'. The assessee was having a franchise of SIM cards and Mobile Recharging. The assessee filed his return of income for the Asst Year 2017-18 on 05.08.2017 declaring....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....was not received by the assessee. Only after the levy of penalty u/s 272A(1)(d) of the Act in the sum of Rs 50,000/- for which demand notice was issued, the assessee came to know of the assessment proceedings already completed in electronic mode. Thereafter the assessee contacted the authorized representative who had shown his incompetence and also concealed that he had done something wrong in filing the return of assessee which had made the return invalid. Later the assessee had contacted a senior chartered accountant who procured the assessment order for the A.Y. 2020-21 and filed appeals with delay condonation applications in the case of quantum as well as for two penalties imposed upon the assessee. It was pointed out that the assessee ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....fter his income tax affairs and that the said advocate had completely misled him by filing an inaccurate return which had eventually made the return filed by the assessee invalid by CPC Bangalore. Moreover, the advocate had never informed the assessee that notices were issued by the ld.AO in assessment and penalty proceedings. The various averments made by the assessee regarding the inability of the assessee to respond to the statutory notices were not found to be false by the revenue. In our considered opinion, this is the first year of shifting of issuance of notice and framing of assessments in electronic mode by the department, considering the totality of facts and circumstances of the case, the reasons adduced by the assessee expressin....