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2023 (9) TMI 755
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....entre, Delhi ("learned CIT(A)"), which in turn arose from the penalty order passed under section 270A of the Act, for the assessment year 2017-18. 2. The present appeal is barred by 28 days. In its affidavit seeking condonation of delay, filed along with the present appeal, the assessee submitted that there was a search conducted on the assessee and her family and their owned entities on 31/03/2023, which continued till 04/02/2023, and thus due to immense pressure and demand associated with ongoing such operation during that period, the assessee inadvertently overlooked the email regarding the impugned order. The assessee further submitted that she was occupied with gathering all the requisite information and documentation which were ask....
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....d therefore we condone the delay in filing the appeal by the assessee and we proceed to decide the appeal on merits. 5. In this appeal, the assessee has raised the following grounds:- "GROUND I: THE LEARNED CIT(A) FAILED TO FOLLOW PRINCIPLES OF NATURAL JUSTICE BY NOT ALLOWING ANY PERSONAL HEARING 1. The learned CIT(A) failed to follow the principles of natural justice by passing the order u/s 250 exparte, despite the adjournment was sought by the appellant. 2. The Learned CIT(A) failed to uphold the principle of natural justice by passing the order u/s 250 before the date till which adjournment was sought. 3. The Learned CIT(A) failed to uphold the principle of natural justice by not expressly denying ....
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....at income was not actually received by the assessee during the year nor any communication about the accrual was available to the assessee before filing the return of income, thus there is no case of underreporting of income is there. 3. On the facts and circumstances of the case and in law, the learned CIT(A) and AO erred in assuming that Refund received in subsequent year was a sufficient event wherein assessee could have offered the Interest, as refund received in subsequent year was short than claimed in the return and no computation relating to it or adjustment of refund (to the extent received short) was given. Thus, it was impossible on part of assessee to get the information about the interest on refund. 4. On the f....
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....he learned Authorised Representative ("learned AR") wishes not to press the application seeking admission of additional ground. Accordingly, the said application is dismissed as not pressed. 7. The only dispute raised by the assessee, in the present appeal, is against the levy of penalty under section 270A of the Act. 8. The brief facts of the case pertaining to this issue, as emanating from the record, are: The assessee is an individual and for the year under consideration filed the return of income on 30/10/2017, declaring a total income of Rs. 1,88,68,990. The return filed by the assessee was selected for scrutiny and vide order dated 27/11/2019, passed under section 143(3) of the Act the scrutiny assessment was concluded assessing....
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....d under-reported her income and accordingly levied a penalty of Rs. 1,75,824, under section 270A of the Act. 9. In the appeal before the learned CIT(A), despite notices being issued, no reply/submission was filed on behalf of the assessee. Accordingly, vide impugned ex-parte order dated 02/03/2023, the learned CIT(A) dismissed the appeal filed by the assessee. Being aggrieved, the assessee is in appeal before us. 10. We have considered the submissions of both sides and perused the material available on record. It is evident from the record that the return filed by the assessee was selected for limited scrutiny through CASS only for examination of the issue of foreign assets and accordingly, statutory notices under section 143(2) as we....
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....t is not a case, wherein pursuant to scrutiny assessment proceedings the assessee decided to offer the income tax. Thus, we do not find any merits in the findings of the AO that the assessee chose to disclose the interest only after the case was selected for limited scrutiny. Further, unless the refund is received, the interest element of the refund cannot be determined. It is also pertinent to note that the suo moto declaration of interest on income tax refund, as offered by the assessee during the assessment proceedings, has been accepted vide order passed under section 143(3) of the Act without modification of the revised computation in this regard. Therefore, in view of the aforesaid circumstances, we are of the view that the explanatio....