2025 (3) TMI 1697

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....peals erred in levying penalty u/s 271(1)(b) of Rs 20,000/-. 2. The Learned Assessing Officer and Learned CIT Appeals erred in confirming the penalty though all the details were submitted by the assessee against subsequent notices issued on 28.02.2024, 10.03.2024. 3. The Learned Assessing officer and Learned CIT Appeals erred in levying penalty u/s 271(1)(b) ignoring the provisions of section 273B of Income tax act which clearly states that no penalty should be levied if the assessee proves that there was reasonable cause for failure. 4. The Learned CIT Appeals erred in not granting an opportunity of being heard to the assessee in spite of specific request made by the assessee vide its submissions dated 10th Decem....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....essee received notice u/s.148 stating that certain information on details of transaction for purchase of immovable property vide notice dated 27/03/2023. The Ld.AO after passing order u/s. 148(d) on 27/03/2023 took necessary approval from specified authority and issued notice u/s. 148 calling upon assessee to furnish return. As assessee failed to furnished the return of income, penalty u/s. 271(F) was initiated. Penalty u/s. 271(1)(b) was also initiated as assessee failed to comply with subsequent notices. The assessment order was passed on 22/03/2024 by making addition in the hands of the assessee at Rs. 1,16,19,000/-. Aggrieved by the order of the Ld.AO, the assessee preferred appeal before the Ld.CIT(A) against the quantum addition 2.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 4.3. During the appellate proceedings as well the appellant has not furnished any reasonable cause which prohibited appellant from complying with statutory notices. Therefore, the penalty levied by Ld. AO is found to be correct and being upheld.] [ITA No. 645/Mum/2025 (for penalty u/s. 271F) 5.1 Finding of CIT(A) 5.2 The impugned appeal pertains to levy of penalty for non filing of income tax return. 5.3 As per the assessment order, the appellant was accorded reasonable opportunity to file response with reason of non-filing of income tax return despite having taxable income. The appellant during the assessment proceedings did not file any justification for not filing return of income. Thus, the L....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....us submitted that once assessee complied with subsequent notices, penalty u/s. 271(1)(a)(b) was bad in law. 4.2 In respect of penalty levied u/s.271E, the Ld.AR submitted that, the assessee did not have taxable income for the year under consideration and thus there was no requirement to file return u/s.139(1) of the Act. He thus submitted that the assessee made out reasonable cause for not filing the return of Income u/s.139(1) of the Act and thus he prayed for deletion of the penalty u/s.271(F). 4.3 On the contrary, the Ld.DR relied on order passed by authorities below. We have perused the submissions advance by both sides in light of records placed before us. 5. Admittedly the assessee is house wife and has income which is bel....