2026 (4) TMI 482

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....which in turn arose from the penalty order passed under section 272A(1)(d) of the Act, for the assessment year 2022- 23. 2. In this appeal, the assessee has raised the following grounds: - "1. On the facts and the circumstances of the case and in law, the Ld. Commissioner of Income Tax (Appeals) erred on facts and in law in not deleting the penalty of Rs. 10,000/- levied vide order u/s 272A(1)(d) of the Income Tax Act, 1961 dated 22.02.2024 passed by the Assessing Officer which is bad-in-law, illegal and void. 2. On the facts and the circumstances of the case and in law, the Ld. Commissioner of Income Tax (Appeals) erred on facts and in law in ignoring the fact that there is no whisper about non-compliance as per the As....

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....umstances of the case and in law, the Assessing Officer erred in levying penalty vide order u/s 272A(1)(d) of the Income Tax Act, 1961, despite the fact that the appellant had sought adjournment and duly complied to the notice dated 09.12.2023 by requesting reasonable time to gather details and furnish the requisite information, thus the notices cannot be treated as uncompiled with and therefore, while ignoring aforesaid compliances on record, the levy of consequent penalty of Rs. 10,000/- by the Assessing Officer and Ld. Commissioner of Income Tax (Appeals) confirming the same, is unjustified, bad in law, and liable to be quashed. 6. On the facts and the circumstances of the case and in law, the Ld. Commissioner of Income Tax (App....

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.... the AO levied a penalty of Rs. 10,000/- each for non-compliance of notice dated 31.08.2023 and 09.09.2023 issued under section 142(1) of the Act. The learned CIT(A), vide impugned order, dismissed the appeal filed by the assessee. 6. During the hearing, the learned Authorised Representative ("learned AR") submitted that in response to the notice issued on 31.08.2023 under section 142(1) of the Act, the assessee sought an adjournment to compile the details as sought by the AO. As per the learned AR, since the details sought by the AO were not readily available with the assessee, the assessee again sought an adjournment in response to the notice issued on 19.12.2023. The learned AR submitted that in response to the subsequent notices issu....