2026 (4) TMI 99

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.... passed for A.Y. 2018-19. 2. The assessee has taken the following grounds of appeal: "1. That, on this fact and in the circumstances of the case and in law, the Lrd. Commissioner of Income Tax (E-Appeals) (for short "Appellate Authority") has erred in dismissing the appeal of the appellant on the grounds of the limitation by not condoning of delay, and confirming the penalty levied u/s. 272A(1)(d) Income Tax Act. 2. The Lrd. Appellate Authority failed to appreciate that the appellant had a reasonable and sufficient caused for not filing the appeal within prescribed time period. Therefore, the Lrd. CIT (A) ought to have, accepted the delay condonation application and delay of 355 days caused in filing the appeal. ....

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.... the appellant. Hence, the order passed is highly unjustifiable and unlawful. 8. The Lrd. Assessing Authority (NFAC) has on facts and on law grievously erred in making the penalty Rs. 10,000/- u/s. 272A(l)(d) of the Income Tax Act. 9. The Lrd. Assessing Authority has grievously erred in law in not considering reply and documents submitted by the appellant in right perspective and passed the assessment order by making the penalty of Rs. 10,000/-. 10. The appellant craves leave to add, alter, modify, withdraw or amend any of the grounds of appeal either before or at the time of hearing of the appeal." 3. The brief facts of the case are that the assessee, M/s. Air Wind Green Energy Limited, was subjected to assess....

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....statutory notices and therefore imposed a penalty of Rs. 10,000/-. 4. Aggrieved by the penalty order, the assessee preferred an appeal before the learned Commissioner of Income Tax (Appeals). The learned CIT(Appeals) first examined the issue of limitation and observed that the penalty order was passed on 24.07.2023 and the same was served on the assessee on the same date. As per the provisions of section 249(2) of the Act, the assessee was required to file the appeal on or before 24.08.2023. However, the appeal was filed only on 15.08.2024, resulting in a delay of 355 days in filing the appeal. The assessee filed an application seeking condonation of delay stating that the notices received from the Income Tax Department were forwarded to....

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....lty imposed under section 272A(1)(d) of the Act was liable to be sustained. 6. The assessee is in appeal before us against the order passed by the CIT(Appeals) dismissing the appeal of the assessee. 7. We have heard the rival submissions and perused the material available on record. It is observed that the penalty under section 272A(1)(d) of the Act has been imposed on account of alleged non-compliance with notices issued during the course of assessment proceedings. However, it has been brought to our notice that the quantum assessment itself has been restored to the file of the Assessing Officer for de novo consideration by the Tribunal. Thought this does not have a direct bearing on the issue of non-appearance in response to notice ....