SHARADAMBA ENTERPRISES,HUBLI vs. ACIT, CIRCLE-3(1), HUBBALLI

The brief facts of the case are that the assessee filed their return of income on 12/03/2013 and the return was processed u/s. 143(1) of the Act on 03/07/2013. Thereafter the assessee’s case was selected for scrutiny and notice u/s. 143(2) and 142(1) were issued. During the scrutiny proceedings, the AO had treated the lease rent received by the assessee under the head business or profession. In the said order, the AO had also initiated penalty proceedings u/s. 271B and 271(1)(c) of the Act. As against Ld.CIT(A) and thereafter further appeal before this Tribunal and the issue went against the assessee by the order of this Tribunal. Thereafter the AO issued notice u/s. 271B for not getting the books of accounts audited as per the provisions of section 44AB of the Act. As against the said order, the assessee had filed the appeal before the Ld.CIT(A). In form 35, in Sr.No. 2.(a), Section and sub-section of the Income-tax Act, 1961, it was mentioned as 271B of the Act. In Sr.No. 13 in the relevant section column, it was mentioned as 271(1)(c) of the Act. The Ld.CIT(A) had dismissed the appeal ex-parte and confirmed the penalty levied u/s. 271B of the Act. Now the present appeal has been filed by the assessee and in the grounds of appeal, the assessee had raised several grounds as if the penalty has been imposed u/s. 271(1)(c) of the Act and confirmed by the Ld.CIT(A). In column 3B of form 36, the assessee has mentioned the date of order as 21/03/2025 whereas enclosed the order dated 19/03/2023 of the Ld.CIT(A).