2025 (3) TMI 93

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....facts of the case are that the assessee is an individual and no return of income was filed, though he has taxable income and, accordingly, the case was reopened by issue of notices u/s 148 of the Act on 28/03/2019. In response, the assessee has filed his return of income declaring total income of Rs. 2,19,408/- on 20.11.2019. The assessment was completed on 28/11/2019 u/s 147/143(3) of the Income Tax Act, 1961 wherein the income declared by the assessee in the return of income filed, in response to notice u/s 148 of the Act was accepted. The AO initiated penalty proceedings u/s 271(1)(c) of the Act as assessee has failed to file the return of income u/s 139 of the Act even though he has taxable income. Thereafter, vide penalty order dated 0....

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....e returned by the Appellant of Rs. 2,19,408/-has been duly accepted as assessed income vide assessment order passed u/s 147 r.w.s 143(3) of the Act. 5. Without prejudice, on the facts and circumstances of the case and in law, the AO has incorrectly computed the penalty as Rs. 43,641/, which is liable to be quashed." The Appellant craves leave to add, delete, modify or vary any of the grounds of appeal at any time during the pendency of the appeal or at the time of hearing." 5. Ground No.1 is general in nature and Ground No.2, the assessee is challenged the penalty order as barred by limitation. 6. During the course of hearing, the Ld. AR submitted that the assessment order was passed on 28/11/2019 which was not appea....

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....ended; (b) the compliance of any action, referred to in clause (b) of sub-section (1) of section 3 of the said Act, relates to intimation of Aadhaar number to the prescribed authority under sub-section (2) of section 139AA of the Income-tax Act, the time-limit for such the compliance of such action shall stand extended to the 31st day of March, 2022." The Ld. AR thus, prayed that in the case of the assessee, the penalty order was passed on 1st April 2022 whereas the time limit were extended for imposing the penalty u/s 271(1)(c) was up to 31st March, 2022 and therefore, the order passed on 1st April, 2022 is barred by limitation and the consequent orders deserves to be quashed. 7. On the other hand, the Ld. Sr. DR vehemently ....