M/S. KALE AGRI TECH,SHIVAMOGGA vs. THE INCOME TAX OFFICER, WARD-1 & TPS, SHIVAMOGGA

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ITA 255/BANG/2023Status: DisposedITAT Bangalore15 June 2023AY 2017-182 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal acknowledged the assessee's lack of familiarity with the ITBA portal and granted an opportunity to present their case. The issue was remitted back to the NFAC/CIT(A) for a fresh hearing.

What were the facts?

The assessee challenged a penalty levied under Section 271B of the Income-tax Act before the NFAC. The assessee failed to represent its case before the NFAC, leading to the confirmation of the penalty.

What were the issues?

Whether the penalty under Section 271B was rightly confirmed without providing the assessee an opportunity to be heard. The assessee sought a chance to present their case due to unfamiliarity with the online portal.

Which sections of the Income-tax Act were involved?

Section 271B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C’’ BENCH: BANGALORE

Before: SHRI CHANDRA POOJARI & SMT. BEENA PILLAI

For Appellant: Shri Gowrish Bhargav K.V., A.R
For Respondent: Smt. Priyadarshini Besaganni, D.R
Hearing: 15.06.2023Pronounced: 15.06.2023

PER CHANDRA POOJARI, ACCOUNTANT MEMBER:

1.

This appeal by assessee is directed against order of NFAC for the assessment year 2017-18 dated 31.1.2023. The assessee is challenging herein levy of penalty u/s 271B of the Income-tax Act,1961 ['the Act' for short].

2. The assessee challenged the levy of penalty u/s 271B of the Act before the NFAC. Before the NFAC, assessee has not represented its case. Hence, NFAC confirmed the levy of penalty u/s 271B of the Act at Rs.1,50,000/-. The ld. A.R. submitted that assessee was not Page 2 of 2 well aware of the ITBA portal and sought one more opportunity to present the case before NFAC. We accede to the request of the ld. A.R. Accordingly, the issue in dispute is remitted to the file of NFAC/CIT(A) for giving an opportunity to the assessee to present his case.

2.

In the result, appeal of the assessee is partly allowed for statistical purposes.

Order pronounced in the open court on 15th June, 2023

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