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Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI R.S. SYAL & SHRI VIKAS AWASTHY
आदेश / ORDER
PER R.S.SYAL, VP : This appeal by the assessee arises out of the order passed by the CIT(A)-1, Aurangabad on 29-12-2015 confirming penalty of Rs.15.00 lac imposed by the Assessing Officer under section 271D of the Income-tax Act, 1961 (hereinafter also called `the Act’) in relation to the assessment year 2006-07.
Briefly stated, the facts of the case are that action u/s.132 of the Act was taken at Rudranee group of Aurangabad, which
2 ITA No. 389/PUN/2016 Abhal Kachrulal Abad
transpired that the assessee had taken loan of Rs.15 lakhs from
Mr. Kachrulal Nathmal Mutha in cash, against which post
dated cheques were issued. Penalty of equal amount of Rs.15
lakh was imposed u/s.271D for violation of the provisions of
section 269SS of the Act. When the matter came up for
consideration before the Tribunal in the first round, it set-aside
the penalty order and remitted the matter to the file of AO for
deciding it afresh. In the de novo proceedings, the AO has
again imposed penalty of Rs.15 lakh, which has been upheld
by the impugned order.
We have heard the ld. DR and perused the relevant
material on record. The case was originally fixed for hearing
on 30-01-2018 and the notice was sent. None appeared on
behalf of the assessee. The matter was adjourned to
10-04-2018. On such date, it transpired that the assessee was
no more alive. The ld. DR was directed to gather necessary
information regarding legal heirs of the deceased assessee and
send fresh notice on the legal heirs. The case was adjourned to
21-06-2018. Once again the appeal was fixed for hearing on
17-09-2018. When there was no appearance from the side of
the assessee again, the matter was adjourned to 28-11-2018
3 ITA No. 389/PUN/2016 Abhal Kachrulal Abad
and the Department was directed to serve the notice on the
legal heirs. On the next date of hearing, again, there was no
appearance from the side of the assessee and the matter was
adjourned for today and again the position remains the same
despite the service of notice.
We have gone through the relevant facts. Penalty has
been imposed for violation of provisions of section 269SS of
the Act, which ex facie, appears to be correct. In the absence
of any explanation forthcoming from the side of the assessee,
we are convinced that the authorities below have taken a
reasonable view in the given facts in imposing and confirming
the penalty u/s.271D of the Act. We, therefore, uphold the
same.
In the result, the appeal is dismissed.
Order pronounced in the Open Court on 07th February, 2019.
Sd/- Sd/- (VIKAS AWASTHY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; �दनांक Dated : 07th February, 2019 सतीश
4 ITA No. 389/PUN/2016 Abhal Kachrulal Abad
आदेश आदेश क� आदेश आदेश क� क� �ितिलिप क� �ितिलिप �ितिलिप अ�ेिषत �ितिलिप अ�ेिषत अ�ेिषत/Copy of the Order is forwarded to: अ�ेिषत
अपीलाथ� / The Appellant; 1. ��यथ� / The Respondent; 2. आयकर आयु�(अपील) / 3. The CIT (Appeals)-1, Aurangabad 4. The Pr.CIT-1, Aurangabad िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “ए” / DR 5. ‘A’, ITAT, Pune; गाड� फाईल / Guard file. // True copy // 6.
आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार आदेशानुसार
// True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune
Date 1. Draft dictated on 06-02-2019 Sr.PS 2. Draft placed before author 06-02-2019 Sr.PS 3. Draft proposed & placed JM before the second member 4. Draft discussed/approved JM by Second Member. 5. Approved Draft comes to Sr.PS the Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *