TaxTMI 
TaxTMI 
2026 (7) TMI 1029
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....271BA and u/s. 271G of the Income Tax Act [hereinafter referred as "the Act"]. 2. There was delay of 35 days in filing of this appeal. The assessee has filed a condonation application explaining the reason for delay. It is submitted that the matter of filing the appeal was referred to Tax Advisor M/s. Jayamal Thakore & Co., (Chartered Accountant). However, due to heavy workload of professional assignment and statutory due dates, the tax advisor could not file the appeal in time. It has been submitted that the delay was not intentional and due to the fact that the professional had skipped the attention and the delay was unintentional. An affidavit of the concern chartered accountant has also been filed. Considering the explanation of the ....
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....ction of condonation petition The learned CIT A has erred in not condoning the delay in filing the appeal despite the appellant having demonstrated sufficient and reasonable cause supported by affidavit The learned CIT A has failed to appreciate that the delay was neither deliberate nor intentional and ought to have been condoned in the interest of justice The action of the learned CIT A is contrary to the settled legal principles laid down in Collector Land Acquisition vs Mst Katıjı and N Balakrishnan vs M Krishnamurthy 3. Non speaking and arbitrary order The order passed by the learned CIT A is bad in law as it is non speaking passed without proper reasoning and in violation of principles of natural justice 4. ....
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....n as triggering provisions of transfer pricing which is legally unsustainable The learned CIT A has failed to appreciate that the very foundation for levy of penalty is absent rendering the penalty void ab initio The learned CIT A has not appreciated that the appellant had disclosed all transactions in the tax audit report establishing bona fide conduct The learned CIT A has failed to consider 9. Penalty unsustainable due to deletion of quantum addition The addition forming the basis of assessment has already been deleted by the learned CIT A and therefore the penalty has no legs to stand on 10. Mechanical and excessive penalty the penalty imposed is mechanical without application of mind and excessive and unjustified ....
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....r section 92D The learned AO has erred in levying penalty without establishing Any specific failure Any non compliance with requisition under section 92D 3 7. Non consideration of reply The learned AO has failed to consider the detailed reply filed by the appellant 2 thereby violating principles of natural justice 8. Penalty unsustainable due to deletion of quantum addition The addition forming the basis of assessment has already been deleted by the learned CIT A and therefore the penalty has no legs to stand on 9. Mechanical and excessive penalty The penalty imposed is Mechanical Without application of mind Excessive and unjustified 10. Without prejudice to the above the penalty imposed is liable to be d....