2025 (9) TMI 489

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....following grounds of appeal: "1. That on facts and in law, the order passed by the learned Assessing Officer (AO) and the learned Commissioner of Income Tax Appeals [CIT(A)], are bad in law and void ab initio. 2. That on facts and in law, the CIT(A) has erred in 5,000 holding that the assessee was liable to file his ITR for the assessment year 2011-12 whereas the assessee's taxable income was below taxable limit and was therefore not liable to file his ITR u/s 139(1) of the Act. 3. That on facts and in law, the AO has erred in levying penalty u/s 271F of the Act. 4. That the impugned appellate order is arbitrary, illegal, bad in law and in violation of rudimentary principles of contemporary jurisprude....

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....t within the meaning of Sec. 271 of the Act. Even during the course of appeal proceedings, the appellant has not filed any valid, reasonable and cogent reason for not filing his return of income, even though the provisions of Section 139(1) of the Income Tax Act explicitly required him to file his Return of Income within the stipulated time. The penalty levied by the AO u/s 271F, is therefore upheld and the appellant's appeal is accordingly dismissed." 3. Aggrieved against the order of learned CIT(A) the assessee is in appeal before us. 4. Heard the rival submissions and carefully scanned material available on record. 5. Reiterating the grounds of appeal, the learned AR submitted that assessee / appellant was under bonafide bel....

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....ved as under : - "16. Thus when a reasonable man of ordinary prudence acting under normal circumstances has in his mind a belief that he is not required to file return within required time because of the fact that there being no amount of tax payable by him after the adjustment of tax rebates admissible under the Act or of advance tax paid or tax deducted or collected at source and thus fails to file the return within required time, the case of this assessee would be treated as for a reasonable cause unless his belief is otherwise found false, fabricated and not bona fide. The particular cause operated upon the mind of the assessee of ordinary prudence and thus prevented him from filing the return within required time is to be exam....