2025 (2) TMI 1421

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....r. Singal, JCIT ORDER PER BENCH : This is an appeal filed by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals), Patna-3 [hereinafter referred to as "the Ld. CIT(A)"] vide order no. ITBA/APL/S/250/2024-25/1070658454(1) dated 26.11.2024 passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as "the Act") for AY 2021-22 confirming the levy of penalt....

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....me to be completed on 23.03.2022. Penalty proceedings u/s. 271AAC(1) were initiated. It was the submission of the Ld. AR of the assessee that as per the proviso to section 271AAC(1), penalty was not leviable in so far as the assessee filed his return u/s. 139 of the Act and had also disclosed his income and paid taxes thereon u/s. 115BBE of the Act. It was the submission that the Assessing Officer....

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....tween the return filed u/s. 139(1) or 139(4) or 139(5) of the Act. It was the submission that as return had been filed u/s. 139, the proviso came into play and that penalty was liable to be deleted. 4. In reply, the Ld. Sr. DR vehemently supported the order of the Assessing Officer and the Ld. CIT(A). It was the submission that the notice u/s. 142(1) had been issued on 25.01.2022 and it was onl....

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....ion 69D for any previous year, the assessee shall pay by way of penalty, in addition to tax payable under section 11SBBE, a sum computed at the rate of ten per cent of the tax payable under clause (i) of subsection (1) of section 115BBE: 6. The section referred to in the proviso is section 139 which does not specify 139(1) or 139(4). Admittedly, the return filed by the assessee is a return u/s.....