JAYASHREE AND COMPANY,TIRUPUR vs. ITO, WARD-1(2), TIRUPUR

ITA 3350/CHNY/2024Status: DisposedITAT Chennai28 February 2025AY 2018-19Bench: Shri S.S. Viswanethra Ravi (Judicial Member), Shri Jagadish (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that while the assessee's non-compliance was established, the penalty for non-compliance with multiple notices under Section 142(1) should be restricted to the first default. The penalty was reduced to ₹.10,000/- for each assessment year.

What were the facts?

The assessee, a partnership firm, failed to file income tax returns for AY 2016-17 & 2018-19 despite notices under Section 148A(d) and 142(1) of the Act. The Assessing Officer initiated penalty proceedings under Section 271(1)(b) for non-compliance with notices.

What were the issues?

Whether penalty under Section 271(1)(b) of the Act can be levied for each notice issued under Section 142(1) or only for the first default in compliance, and whether the penalty confirmed by CIT(A) was excessive.

Which sections of the Income-tax Act were involved?

Section 271(1)(b),Section 271(1)(d),Section 148A(d),Section 142(1)

AI-generated summary — verify with the full judgment below

Before: Shri S.S. Viswanethra Ravi & Shri Jagadish

Hearing: 24.02.2025Pronounced: 28.02.2025

PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:

Both the appeals filed by the assessee are directed against separate orders dated 18.11.2024 & 14.11.2024 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi for the assessment years 2016-17 & 2018-19 under sections 271(1)(b) and 271(1)(d) of the Income Tax Act, 1961 [“Act” in short] respectively.

2.

Since issues raised in both the appeals are more o

The order continues below.

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