SINGANALLUR SUBRAMAN RADHAKRISHNAN,COIMBATORE vs. DCIT, COIMBATORE
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the assessee's non-compliance was not deliberate, considering their age, lack of familiarity with electronic proceedings, and the pandemic context. Therefore, the penalty was not justified.
What were the facts?
The assessee, a senior citizen, failed to respond to notices issued by the Assessing Officer due to unfamiliarity with e-proceedings and the prevailing COVID-19 lockdown situation. This led to a penalty being levied under Section 271(1)(b).
What were the issues?
Whether the penalty under Section 271(1)(b) for non-compliance with notices is justified when the assessee is a senior citizen and faced challenges due to e-proceedings and the pandemic.
Which sections of the Income-tax Act were involved?
Section 271(1)(b),Section 142(1),Section 263,Section 144B,Section 147
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: HON’BLE SHRI MAHAVIR SINGH & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aggrieved by confirmation of penalty of Rs.40,000/- u/s 271(1)(b) for Assessment Year (AY) 2012-13, the assessee is in further appeal before us. The impugned order has been passed by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 29-06-2022 in the matter of penalty levied by Ld. Assessing Officer [AO] vide order dated 06-01-2022. 2. The Ld. AR submitted that the assessee is a senior citizen and was not well versed with e-proceedings. Therefore, the assessee could - 2 - not respond to notices issued by Ld. AO. The Ld. Sr. DR justified levy of penalty on the facts of the case.
From the penalty order, it could be seen that pursuant to revision of order u/s 263, notices u/s 142(1) was issued to the assessee from time to time, however, the same remained un-responded. The assessee neither made compliance nor sought any adjournment. Accordingly, the assessment was completed u/s 147 r.w.s. 263 r.w.s. 144B on 13.09.2021. Consequently, impugned penalty was levied u/s 271(1)(b) for Rs.40,000/- on the ground that the assessee deliberately avoided compliance of notices issued u/s 142(1). The Ld. CIT(A) confirmed the levy of penalty against which the assessee is in further appeal before us 4. We find that the assessee is a senior citizen and it was quite possible that the assessee was not well versed with electronic proceedings. Further, the proceedings have taken place during lockdown situation arising out of Covid-19 Pandemic which supports the case of the assessee. Therefore, these facts would not suggest that the assessee deliberately avoided compliances to notices. Hence, it is not a fit case for levy of penalty. By deleting the same, we allow the appeal.
The appeal stand allowed.
More judgments on Section 271(1)(b)
- Navanitbhai Gordhanbhai Bhuva, Surat vs ITO, Ward 3(3)(1), SuratITA 1195/SRT/2025[2014-15]Status: Disposed14 Oct 2026AY 2014-15
- Navanitbhai Gordhanbhai Bhuva, Surat vs ITO, Ward 3(3)(1), SuratITA 1194/SRT/2025[2014-15]Status: Disposed1 Oct 2026AY 2014-15
- Navanitbhai Gordhanbhai Bhuva, Surat vs ITO, Ward 3(3)(1), SuratITA 1193/SRT/2025[2014-15]Status: Disposed1 Oct 2026AY 2014-15
- Laxmi Narain Kesarwani, Delhi vs DCIT, Central Circle-20, New DelhiITA 4432/DEL/2026[2020-21]Status: Disposed1 Oct 2026AY 2020-21
- Laxminarain Kesarwani, Delhi vs DCIT, Central Circel-20, New DelhiITA 4431/DEL/2026[2019-20]Status: Disposed1 Oct 2026AY 2019-20
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