2026 (5) TMI 1544

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....ated 28.08.2025 passed by learned CIT(A)-3, Bhopal ["Ld. CIT(A)"] Penalty order dated 14.12.2023 passed by learned ACIT, Central-2, Indore ["Ld. AO"] u/s. 272A(1)(d) 2022-23 2 920/Ind/2025 Bravo Realcon LLP Order of first- appeal dated 28.08.2025 passed by learned CIT(A)-3, Bhopal ["Ld. CIT(A)"] Penalty order dated 21.12.2023 passed by learned ACIT, Central-2, Indore ["Ld. AO"] u/s. 272A(1)(d) 2022-23 2. In these matters, the Ld. AO has imposed a penalty of Rs. 30,000/-each, on account of the assessee's alleged failure to comply with notices issued u/s. 142(1) of the Income Tax Act, 1961 during the course of scrutiny-assessments framed by Ld. AO. However, the Ld. AR for assessee drew our attention to the copie....

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....f group concerns already decided by Ld. CIT(A) in favour of those concerns/assessees. 4. We have carefully considered rival submissions of both sides and perused the material placed on record. We find that the facts and circumstances in present cases are identical to those in the cases of other/ group concerns referred to above, wherein the Ld. CIT(A) has already granted relief by deleting the penalties. For the sake of ready reference, the order passed by Ld. CIT(A) in one such case is reproduced hereunder: 5. The position of law is well-settled that a penalty u/s. 272A(1)(d) cannot be sustained where the assessment itself has been completed u/s. 143(3) upon consideration of the assessee's submissions, and no adverse inference is....

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....f the Income-tax Act, 1961 for the A.Y 2022-23 Last date of hearing 20/02/2025 Present for appellant None Present for Department None CONSOLIDATED APPELLATE ORDER AND GROUNDS OF DECISIONS This appeal has been filed against penalty order passed u/s 272A(1)(d) for AY 2022-23 dated 15/12/2023 passed by the DCIT, (Central)-2, Indore. Following grounds have been raised in appeal :- Grounds of appeal for A.Y 2022-23 :- 1. On the facts and in the circumstances of the case and, in law, the Ld. AO erred in levying penalty u/s. 272A(1)(d) of the Income Tax Act 1961. 2. On the facts and in the circumstances of the case and, in law, the Ld. AO erred, in levying the above penalty in violation of the principal of natural justice. ....

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....of the Act was issued on 04/09/2023, 16/10/2023 and 21/11/2023 . At last para of penalty order, the Ld.AO held that : "I am satisfied that the assessee has failed to comply with the notices u/s 142(1) dated 29/08/2023, 04/09/2023, 16/10/2023 and 21/11/2023." In the given facts and circumstances of the case, the Ld. AO imposed penalty of Rs. 40,000/- u/s 272A(1)(d) of the Act for A.Y.2022-23. Being aggrieved with the impugned penalty orders, the appellant has preferred appeals which are under consideration. 3 During the course of appellate proceedings the Appellant has filed the written submission. The statement of facts as per Form No.35 is reproduced as under: "STATEMENT OF FACTS" *1. The assessee is a Pvt.Ltd. Company 2. Se....

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....r :- After considering the arguments of both the sides, we find that in the present appeals the assessments have been framed u's 153A r.w.s. 143(3) of the Act in all the cases of the assessees in the present appeals. Therefore, the decision of the Delhi Bench of the Tribunal in the case of Akhil Bhartiya Prathmik Shmshak Sangh Bhawan Trust vs. Assistant Director of Incometax: (2008) 115 TTJ 419 (Del) squarely applies to the facts of the present appeals. The learned DR could not cite any contrary decision. We, therefore, respectfully following the decision of the Delhi Bench of the Tribunal in the case of Akhil Bhartiya Prathmik Shmshak Sangh Bhawan Trust vs. Assistant Director of Incometax; (2008) 115 TTJ 419 (Del) wherein it was held th....