KRISHAN KUMAR GOEL,GHAZIABAD vs. DCIT, CENTRAL CIRCLE, GHAZIABAD

O R D E R PER PRASHANT MAHARISHI, A. M. 1. This appeal is preferred by the assessee/ Shri Krishan Kumar Goel against the order of the d CIT(A)-IV, Kanpur dated 14.08.2017 for Assessment Year 2012-13 wherein, penalty levied u/s 271(1)(b) of the Act by the ld DCIT, Central Circle, Ghaziabad as per order dated 15.12.2016 penalty levied of Rs. 10,000/- is confirmed. 2. The assessee has raised the following grounds of appeal:- “1. The impugned order dated 15.12.2016 passed by the ld Assessing Officer, DCIT Central Circle, Ghaziabad imposing penalty of Rs. 10,000/- under section 271(1)(b) of the Income Tax Act, 1961 is bad in law and facts.

2. The impugned order passed by the ld AO was in absence of recording of the satisfaction in the assessment order, mere intimation of penalty will not confer jurisdiction on the AO to levy the penalty.

3. The impugned order passed by the ld AO was passed ignoring the fact that the non compliance was un-intentional, genuine cause looking to number of assessment cases compliances and subsequently in short period properly complied.”

3. Briefly stated the fact shows that the assessee is an individual who was issued notice u/s 153A of the Act on 18.08.2016. Further, notice u/s 142(1) was issued on 07.10.2016 fixing the date of hearing on 09.11.2016, on that date the assessee failed to submit the explanation and therefore, a show cause notice was issued u/s 271(1)(b) was issued on 05.12.2016. The above notice was also not complied with and therefore, the ld AO passed an order on