2025 (2) TMI 1728

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....vi Raj Meena, CIT-DR ORDER PER MAKARAND V. MAHADEOKAR, AM: This appeal has been filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as "CIT(A)"] dated 23.08.2024, sustaining the penalty of Rs. 30,000/- imposed under Section 271(1)(b) of the Income Tax Act, 1961 [hereinafter refe....

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....25.04.2023, requiring the assessee to furnish necessary details. However, there was no compliance from the assessee's side. The assessment was completed ex-parte under Section 144 on 26.05.2023, estimating the total income at Rs. 2,23,37,400/-. 3. The penalty proceedings under Section 271(1)(b) of the Act were initiated for repeated non-compliance, and a penalty of Rs. 30,000/- (Rs. 10,000 per ....

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....During the course of hearing before us, the Authorized Representative (AR) of the assessee submitted that the non-compliance was not intentional and occurred due to reliance on a tax consultant, Mr. Ashok Mayani, who was entrusted with handling the assessment proceedings but failed to act in time. The AR further submitted that the assessee was kept in the dark about the notices, and upon realizing....

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....responsibility by blaming his tax consultant. Compliance with tax notices is the primary responsibility of the assessee, and reliance on a third party does not constitute a reasonable cause under Section 273B of the Act. 8.2. At the same time, considering that the assessee eventually filed an appeal against the assessment, there was no direct intention to evade tax, and the quantum appeal is pe....