TaxTMI 
TaxTMI 
2023 (9) TMI 248
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....referred to as 'the Act') and Appellate order dated 21.09.2022 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as "NFAC") confirming the levy of penalty u/s. 271F of the Act relating to the Assessment Year (A.Y) 2011-12. 2. The brief facts of the case is that the assessee is an individual and did not file his Return of Income for the Assessment Year 2011-12. As the income chargeable to tax was escaped from assessment, the A.O. initiated reassessment proceedings by issuing notice u/s. 148 of the Act. In response, the assessee filed his Return of Income on 20-12-2018 at the fag end of the assessment proceedings declaring total income of Rs. 5,13,890/-. The Assessing Officer co....
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....e, deliberate and conscious disregard shown by the assessee to the statutory notice issued, thereby the Ld. A.O. levied a penalty of Rs. 10,000/- u/s. 271(1)(b) of the Act. 2.1. Similarly, the assessee failed to file Return of Income as per the provisions of section 139(1) of the Act, when the total income of the assessee was Rs. 5,13,890/- relating to the Assessment Year 2011-12. Hence Ld. A.O. initiated penalty proceedings u/s. 271F of the Act for non-filing of Return of Income. When a show cause notice was issued for levying penalty u/s. 271F, the assessee replied to keep the penalty proceedings because of his quantum appeal pending before the First Appellate Authority. The same was also rejected by the A.O. as it has no relevance for t....
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....er section 143(1) and not for suppression of income, which was subject to adjudication by the appellate authorities. Therefore, considering the factual matrix of the case, I find no merit to interfere with the order of the Assessing Officer imposing penalty of Rs. 10,000/- u/s. 271(1)(b) of the Income Tax Act, 1961. These grounds of appeal fail and are therefore not allowed." U/s. 271F:- "I have considered the submission of the appellant and perused the relevant records. Appeal hearing notices u/s 250 of the I.T. Act, 1961 were issued on 02.02.2021, 20.05.2022 and 14.09.2022 fixing hearing on 09.02.2021, 26.05.2022 and 20.09.2022. In response of the said notices, the appellant had stated that he had opted for Vivad Se Vishwas scheme. The....
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....uest of the assessee by adjourning the above cases from 13-03-2023 to 11-04-2023 then to 11-05-2023, 01-06-2023 and finally to 04-07-2023. Even today the assessee sent adjournment letters repeating the same reasons to adjourn the cases only for 10 to 15 days as well as on his ill health reasons also, but without any supporting medical certificates. We do not find any good reason to adjourn the above cases, further since five opportunities already given to the assessee to produce the important details, which are not produced so far, but the assessee again seeking repeated adjournment only. Hence the request for adjournment is hereby rejected. 4.1. From perusal of the record that the assessee has failed to give any explanation before the Ass....