TaxTMI 
TaxTMI 
2023 (11) TMI 702
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.... That the penalty initiated vide notice dtd.12.12.2019 is illegal, bad in law and without jurisdiction. 3. That under the facts and circumstances, no penalty u/s 271(1)(c) for Rs. 3,50361/- should have been levied. 4. That under the facts and circumstances of the case, no penalty should have been levied on the returned income." 2. The effective ground raised in this appeal relates to the penalty notice being illegal and the penalty order barred by time. 3. Facts giving rise to the present appeal are that the assessment was re-opened by the Assessing Officer ("AO") on the basis that the assessee had not filed return of income despite having received salary income. In response to the notice issued u/s 148 of the Income....
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....show cause notice was issued only after the therefore, hence the penalty in dispute is bad in law. ITAT Delhi In ITA No. 1861/DEL/2017 relied on the order of ITAT, Mumbai Bench in the case of Keshu Ramsay vs JCIT reported at 5 SOT 9 (Mum): "wherein, it has been held that "Where no proceedings relevant to that assessment year is pending when penalty notice was issued, is bad in law. In view of above the penalty notice issued after completion of assessment proceedings may be held as illegal" 2. G.N. 2. TO 4 The appellant is a Salaried women. Details of Salary received by two Employers during the A.Y. 2012-13 and TDS deducted by those Employers of the assessee is as follows: S.No. Particulars Amount(Rs.) ....
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....der Section 234-B and 234-C of Rs. 218850. The Assessee paid balance demand of Rs. 87270 on 19-02-2020. 3) The Income Tax officer has also issued notice u/s 271(1)(c) read with section 274 of the Income Tax Act, 1961 on 23-03-2021 and fixed hearing for 05-04-2021 for submission of reply for not imposing penalty u/s 271 and the assessee has submitted his reply on 02-04-2021. (Refer Para- 2 of the Assessment order under Section 271(1)(c) Page No.........) 4) The Income Tax Officer did not appreciate the contention of the assessee and her adherence to full fill the compliance towards Income Tax department after receiving the Notice under section. 148 and under section 143(2) of the Act and erred by imposing penalty u/s 271(1)....
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.... purchase and sale of ball bearings, mill stores, etc., on retail basis. For the asst. yr. 1970-71, the assessee had disclosed the sales of Rs. 2,78,426 with gross profit of 23 per cent. The ITO subjected the books of account of the assessee to a detailed scrutiny and as a result, found that there were substantial discrepancies by way of manipulation of stocks, omission of sales, Inflation of purchases, making out of bogus bills, etc. He accordingly brought to tax a sum of Rs. 1,72,775 by his assessment order.................. The ITO, by that order, Initiated action for imposition of penalty under s. 271(1)(c) of the Act. (ii) Para-5: Sir Sadilal Sagar & General Mills case. (A.Y. 1958-59) The assessee company, which deriv....
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....of bogus documents, doing shortage/manipulation. In our case the assessee did not file the ITR only due to perception that all income is under the preview of Income tax department since the TDS return has been filed by all three Income sources after deducting the applicable Tax and issuing the certificates for the same to the Assessee. Assessee filed the return as soon as received the notice for filing the same, paid the balance tax liability as assessed by the department, paid further the Interest on delayed payment of Income Tax for entire delayed period. In view of the above it is the humble request to consider all facts, kindly accept my appeal and delete the demand." 7. On the other hand, Ld. Sr. DR oppose....
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....g of assessment order therefore, it is bad in law. 9. The issue in this appeal is whether the salary disclosed in the Income tax Return in response to section 148 of the Act, can be treated as concealed income. The undisputed facts are that the employer have deducted the tax on the salary and deposited in the bank accounts. So far the employer is concerned, there is no default reported by the lower authority. The default on the part of the assessee is regarding non-filing of the Income Tax return. The factum of receipt of salary came into notice of AO through 26AS. The explanation regarding non-filing of income tax return is stated that the assessee was under impression that if the tax is deducted at source, she is not required to file i....