M/S AROMA FIBRE GLASS PVT LTD,JSR vs. ITO WARD-1(1), JSR
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 revenue failed to establish that the notices of hearing were served on the assessee. Therefore, the penalty levied for non-compliance with the notices cannot be sustained.
What were the facts?
The Assessing Officer levied a penalty of Rs. 50,000 under Section 271(1)(b) for the assessee's failure to appear on multiple hearing dates. The assessee claimed notices were sent to a wrong address, and the lower authorities did not establish service of notice.
What were the issues?
Whether the penalty under Section 271(1)(b) is sustainable when the revenue has not established the proper service of notices on the assessee for the hearing dates.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RANCHI ‘ SMC’ BENCH, RANCHI
Before: SHRI N.S SAINI
IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI ‘ SMC’ BENCH, RANCHI
BEFORE SHRI N.S SAINI, ACCOUNTANT MEMBER
ITA No.259/Ran/2017 Assessment Year : 2006-07
M/s. Aroma Fibre Glass Pvt Vs. ITO, Ward 1(1), Jamshedpur Ltd., Netaji Road, Infront of Durga Puja Maidan Vidyapati Nagar, Baridih, Jamshedpur PAN/GIR No.AADCA 3429 P (Appellant) .. ( Respondent)
Assessee by : Shri Devesh Poddar, Adv Revenue by : Shri A.K.Mohanty, JCIT
Date of Hearing : 22/11/ 2018 Date of Pronouncement : 22/11/ 2018
O R D E R This is an appeal filed by the assessee against the order of
the CIT(A), Jamshedpur dated 14.8.2017 for the assessment year
2006-07
The sole issue involved in this appeal is that the CIT(A) was
not was not justified in confirming the penalty of Rs.50,000/- levied
u/s.271(1)(b) of the Act.
The brief facts of the case are that the Assessing Officer
observed that the assesse did not appear on the dates of hearing
fixed by issuing notices on 17.10.2007, 18.1.2008, 13.8.2008 and
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ITA No. 259/R an/ 2017 Asse ssment Year : 20 06- 07
9.9.2008 and, therefore, he levied penalty u/s.271(1)(b) of the Act
for failure to comply with the notices u/s.143(2) and 142(1) of the
Act @ Rs.10,000/- for each default.
On appeal, the CIT(A) confirmed the action of the Assessing
Officer on the ground that at Sl.No.12 of the appeal, the assesse
has stated that he is enclosing herewith the Xerox copy of notices
with wrong address issued u/s.271(1)(b) of the I.T.Act and at
Sl.No.13 stated that he is enclosing Xerox copy of return of income
filed electronically and no such documents were filed.
At the time of hearing, ld A.R. of the assesse submitted that
against the order in quantum appeal, the assesse filed appeal
before the Tribunal and the Tribunal vide its order dated 8.3.2016
in ITA No.18/Ran/2016 restored the matter back to the file of the
Assessing Officer on the ground that the Assessing Officer has
passed the order without discussing anything regarding the nature
of addition and the CIT(A) also dismissed the appeal without
discussing upon the merits of the case. Hence, it was his
submission that as the assessment itself was set aside by the
Tribunal back to the file of the Assessing Officer, therefore, the levy
of penalty does not survive u/s.271(1)(b) of the Act.
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ITA No. 259/R an/ 2017 Asse ssment Year : 20 06- 07
On the other hand, ld D.R. vehemently opposed the
arguments of ld A.R. of the assesse and submitted that since the
assesse failed to put in appearance before the Assessing Officer on
the dates fixed for hearing, he was fully justified in levying the
penalty u/s.271(1)(b) of the Act.
After hearing the rival submissions and perusing the materials
on record, I find that as the assesse failed to put in appearance
before the Assessing Officer in response to notices issued on five
dates of hearing, therefore, he levied penalty u/s.271(1)(b) of the
Act @ Rs.10,000/- for each default committed by the assesse. The
assesse submitted before the CIT(A) that notices of hearing were
sent on wrong address and, therefore, the assesse could not comply
with the assesse. None of the lower authorities has brought any
evidence on record before levying the penalty to show that notice
of hearing sent to the assesse was served on the assesse or not.
Since the service of notice on the assesse for the date of hearing
fixed has not been established by revenue, in my considered view,
levy of penalty cannot be sustained in law. I, therefore, set aside
the orders of lower authorities and delete penalty of Rs.50,000/-
levied under section 271(1)(b) of the Act and allow the grounds of
appeal of the assesse.
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ITA No. 259/R an/ 2017 Asse ssment Year : 20 06- 07
In the result, appeal of the assessee is allowed
Order pronounced on 22 /11/2018. Sd/- (N.S Saini) ACCOUNTANT MEMBER Ranchi; Dated 22/11/2018 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : M/s. Aroma Fibre Glass Pvt Ltd., Netaji Road, Infront of Durga Puja Maidan Vidyapati Nagar, Baridih, Jamshedpur
The Respondent. ITO, Ward 1(1), Jamshedpur 3. The CIT(A)- Jamshedpur 4. Pr.CIT- Jamshedpur 5. DR, ITAT, Ranchi By order 6. Guard file. //True Copy// Sr. Pvt.Secretary, ITAT, Ranchi on tour
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