M/S. KALE AGRI TECH,SHIVAMOGGA vs. THE INCOME TAX OFFICER, WARD-1 & TPS, SHIVAMOGGA
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?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C’’ BENCH: BANGALORE
Before: SHRI CHANDRA POOJARI & SMT. BEENA PILLAI
PER CHANDRA POOJARI, ACCOUNTANT MEMBER:
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.
In the result, appeal of the assessee is partly allowed for statistical purposes.
Order pronounced in the open court on 15th June, 2023
More judgments on Section 271B
- Devayatbhai Kalotara, Rajkot vs The Income Tax Officer, Ward-2, RajkotITA 679/RJT/2026[2020-21]Status: Disposed9 Oct 2026AY 2020-21
- Waghire College Saswad, Pune vs ITO, Ward 14(5), PuneITA 2867/PUN/2026[2019-20]Status: Disposed9 Oct 2026AY 2019-20
- Waghire College Saswad, Pune vs ITO, Ward 14(5), PuneITA 2866/PUN/2026[2019-20]Status: Disposed9 Oct 2026AY 2019-20
- Waghire College Saswad, Pune vs ITO, Ward 14(5), PuneITA 2865/PUN/2026[2019-20]Status: Disposed9 Oct 2026AY 2019-20
- Waghire College Saswad, Pune vs ITO, Ward 14(5), PuneITA 2864/PUN/2026[2018-19]Status: Disposed9 Oct 2026AY 2018-19
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