2025 (2) TMI 1396

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....ode) For the Respondent : Shri A. Sasikumar, CIT ORDER PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: Both the appeals filed by the assessee are directed against separate orders dated 18.11.2024 & 14.11.2024 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi for the assessment years 2016-17 & 2018-19 under sections 271(1)(b) and 271(1)(d)....

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....agged by the Risk Management Strategy formulated by the CBDT having tax implications towards shipping bill for exports (Custom - Export) Rs.. 66,84,888/- and TDS statements - payments to contractors/interest Rs.. 7,68,702/-. Since the assessee failed to file the return of income for the assessment year under consideration, the Jurisdictional Assessing Officer passed order under section 148A(d) of ....

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....is unjust. He drew our attention to the provisions of section 271(1)(b) of the Act and submits that the impugned penalty is excessive and unfair, as the term "each such failure" must not be associated with each notice of the same species, but restricted to lack of response towards notice(s) issued under different provisions of the Act contemplating different compliances during the course of assess....

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....ld. DR and perused the material on record. We find that there was no reasonable cause on the part of the assessee for not appearing on the different dates of hearing before the Assessing Officer in response to notice issued under section 142(1) of the Act. However, we find that the default is same and, therefore, penalty of Rs.. 10,000/- could be imposed for the first default made by the assessee ....