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07-11-2019, Sahara India Financial, Section 272A(l)(c), 131, 273B,Tribunal Delhi

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4 days 14 hours ago - 4 days 14 hours ago #11358 by amit
Section - 272A(l)(c), 131, 273B
Order Date - 07-11-2019
Favouring - Revenue
Court - Tribunal Delhi
Appellant - Sahara India Financial Corpn. Ltd.
Respondent - ACIT
Justice - H.S. SIDHU JM & ANADEE NATH MISSHRA AM
Citation - 1119Taxpundit93
Appeal No. - ITA No:- 3510 and 3511/Del/2012
Asstt. Year - 2005-06

Order

PER : ANADEE NATH MISSHRA, AM

(A) For the sake of convenience and brevity, these two appeals are being disposed off by this consolidated order; as similar / interlinked issues are involved. Both These appeals are filed against separate orders each dated 02.04.2012 of the Ld. Commissioner of Income Tax (Appeals-I), New Delhi, [“Ld. CIT(A)”, for short] pertaining to Assessment Year 2005-06, on the following grounds:

ITA No.- 3510/Del/2012

“1. That on the facts and circumstances of the case as well as in law the Ld. CIT(A) is not justified in confirming the penalty of Rs. 10,000/- levied under section 272A(l)(c) of the Income Tax Act.

2. That the Ld. CIT(A) has failed to appreciate that there was no deliberate default on the part of the appellant in making compliance to the requirements of summon under section 131 of the Income Tax Act dated 12.09.2007 when each and every date of hearing was attended by the Authorised Representative and thereafter another modified summon was issued on 12.10.2007 in respect of same requirements thereby merging summon dated 12.09.2007 which had automatically become in-fructuous in light of the issuance of new summon dated 12.10.2007.

3. That without prejudice in any view of the matter the Ld. CIT(A) should have appreciated that the appellant was prevented by a reasonable cause within the meaning of section 273B of the Income Tax Act in alleged non-compliance of summon issued under section 131 of the Income Tax Act and, therefore, there was no justification in the levy of penalty under section 272A(l)(c) of the Income Tax Act.

4. That the appellant craves leave to add, alter, amend or withdraw any or all the grounds of appeal on or before the date of hearing.”

ITA No.- 3511/Del/2012

“1. That on the facts and circumstances of the case as well as in law the Ld. CIT(A) is not justified in confirming the penalty of Rs. 10,000/- levied under section 272A(l)(c) of the Income Tax Act.

2. That the Ld. CIT(A) has failed to appreciate that substantial information called for by the Ld. Assessing Officer in the summon under section 131 of the Income Tax Act was submitted by the appellant and, therefore, there was no non-compliance as the appellant was prevented by constraint of time in submitting the entire information called for in the summon issued under section 131 dated 12.10.2007.

3. That without prejudice in any view of the matter the Ld. CIT(A) should have appreciated that the appellant was prevented by a reasonable cause within the meaning of section 273B of the Income Tax Act in alleged non-compliance of summon issued under section 131 of the Income Tax Act and, therefore, there was no justification in the levy of penalty under section 272A(l)(c) of the Income Tax Act.

4. That the appellant craves leave to add, alter, amend or withdraw any or all the grounds of appeal on or before the date of hearing.”

(A.1) The Ld. Commissioner of Income Tax (Appeals-I), confirmed penalty levied by learned Additional Commissioner of Income Tax, Central Range-I, New Delhi (“Addl.CIT”, for short) vide two separate orders each dated 22.04.2009,under Section 272A(1)(c) of Income Tax Act, 1961 (“IT Act”, for short). In each of the aforesaid two orders dated 22.04.2009 of Ld. Addl.CIT levied penalty, amounting to Rs. 10,000/- under Section 272A(1)(c) of I.T. Act; on the ground that the assessee had failed to comply with summons dated 12.09.2007 and 12.10.2007. The relevant portions from the aforesaid orders, each dated 22.04.2009 are reproduced as under; in the following paragraphs (A.1.1) and (A.1.2), corresponding to the two appeals separately:

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