UMAMAHESWARI,CHENNAI vs. ITO, NCW-10(3), CHENNAI
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 noted that three out of four notices were issued during the COVID-19 lockdown. Considering the circumstances, the Tribunal decided to take a lenient view and delete the penalty.
What were the facts?
The assessee is in appeal against the confirmation of penalty of Rs.50,000/- under Section 272A(1)(d) for AY 2018-19. The penalty was levied for non-compliance with hearing notices issued under Section 143(2) and Section 142(1). The assessee's AR submitted that non-appearance was due to the COVID-19 pandemic lockdown.
What were the issues?
Whether the penalty under Section 272A(1)(d) for non-compliance with notices is justified, considering the COVID-19 pandemic lockdown which prevented the assessee's appearance.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM
(िनधा(रण वष( / Assessment Year: 2018-19) Smt. Umamaheswari ITO बनाम/ #3/2, Palavayal Salai, Non-Corporate Ward -10(3), Opp –M M Kalyanamandabam, Chennai. Vs. Agaram, Chennai-600 082. �थायीलेखासं./जीआइआरसं./PAN/TAN No. ABPPU-8639-K (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri D. Anand (Advocate) – Ld.AR ��थ�कीओरसे/Respondent by : Ms. Anitha (Addl.CIT) - Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 31-12-2024 घोषणाकीतारीख /Date of Pronouncement : 01-01-2025 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aggrieved by confirmation of penalty u/s 272A(1)(d) of the Act for Rs.50,000/- for Assessment Year (AY) 2018-19, the assessee is in further appeal before us. The impugned order has been passed by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 30.08.2024 in the matter of impugned penalty levied by Ld. Assessing Officer [AO] u/s. 272A(1)(d) of the Act vide order dated 28.07.2021. The said penalty is levied for non- compliance of hearing notices issued u/s. 143(2) on 28.09.2019 and notices issued u/s 142(1) on 24.12.2019, 18.03.2020, 16.07.2020 and 26.08.2020. The penalty has been levied at the rate of Rs.10,000/- for each default. The Ld. AR has submitted that the appearances could not be made due to lockdown situation arising out of Covid-19 Pandemic. The Ld. Sr. DR stated that two notices were issued earlier to Covid-19 Pandemic.
It is clear that initially the case was subjected to scrutiny and notice u/s 143(2) was issued on 28-09-2019. Subsequently, notices u/s 142(1) were issued calling for various details from the assessee. It could be seen that 3 out of 4 notices fall within lockdown situation arising out of Covid-19 Pandemic which call for a lenient view in the matter of penalty. Therefore, we delete the impugned penalty of Rs.50,000/- and allow the appeal of the assessee.
More judgments on Section 272A(1)(d)
- Vipulbhai Keharbhai Kukadiya, Bhavnagar vs The Income Tax Office, Ward 1(9) Bhavnagar…ITA 2465/AHD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Vipulbhai Keharbhai Kukadiya, Bhavnagar vs The Income Tax Office, Ward 1(9) Bhavnagar…ITA 2464/AHD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Alkeshbhai Chimanbhai Barot, Ahmedabad vs ITO Ward 1(2)(1), AhmedabadITA 178/AHD/2026[2023-24]Status: Disposed13 Oct 2026AY 2023-24
- Alkeshbhai Chimanbhai Barot, Ahmedabad vs The ITO, Ward 1(2)(1), AhmedabadITA 177/AHD/2026[2017-18]Status: Disposed13 Oct 2026AY 2017-18
- Dineshkumar Chhaganlal Manavadaria, Junagadh vs ITO Ward 1, JunagadhITA 837/RJT/2025[2020-21]Status: Disposed9 Oct 2026AY 2020-21
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